Our Insights on eDiscovery

Simply Deleting an Email Doesn’t Mean It’s Gone, Even When It’s Hillary Clinton’s Emails: eDiscovery Trends

April 1, 2015

Early in the life of this blog, we published a blog post called eDiscovery 101: Simply Deleting a File Doesn’t Mean It’s Gone to try to help our readers understand how disk drives keep track of files and how “deleted” files often can still be recovered. Something tells me that basic forensic concept will become a big issue in the coming weeks and months regarding Hillary Clinton’s deleted emails.

Big Money for Stolen Health Records: eDiscovery Trends

March 31, 2015

Last month, we discussed how the number of data breaches was up in 2014, but the number of records breached was down. Of course, this year already got off to a rocky start when health insurance provider Anthem announced in early February that it had suffered what appears to be the largest breach ever in the health insurance industry, affecting about 80 million people. It turns out that those hacked health records are worth a lot in the black market.

Image is Not Only Everything, It Is Also Legally a Copy, Appeals Court Rules: eDiscovery Case Law

March 30, 2015

In Colosi v. Jones Lang LaSalle Americas, Inc., the Sixth Circuit Court of Appeals affirmed the District Court’s judgment to approve a $6,369.55 bill of costs which included synchronization of deposition videos and imaging of hard drives that the defendant submitted after prevailing in the case.

Court Rules that Australian Company’s Duty to Preserve Only Begins when US Court Has Jurisdiction: eDiscovery Case Law

March 27, 2015

In Lunkenheimer Co. v. Tyco Flow Control Pacific Party Ltd., Ohio District Judge Timothy S. Black ruled that the duty to preserve for the defendant (an Australian company with offices and facilities only in Australia) did not begin until the complaint was filed in US courts in December 2011, denying the assertion of the intervenor/counter defendant that the duty to preserve arose in 2002.

What Time Is It? That is an Important Question When it Comes to Your Document Collection: eDiscovery Best Practices

March 26, 2015

It may not be game time, but the question of what time it really is has a significant effect on how eDiscovery is handled.

Document Reviewers are People Too, Even in Canada, eh?: eDiscovery Trends

March 25, 2015

A couple of weeks ago, a $384 million class action was filed in Canada against professional services firm Deloitte LLP on behalf of hundreds of lawyers working at a document-review company it acquired last year. Even in Canadian dollars, that’s a lot.

Court Agrees with Plaintiffs, Orders Provision for Qualitative Sampling of Disputed Search Terms: eDiscovery Case Law

March 24, 2015

In the case In Re: Lithium Ion Batteries Antitrust Litigation, California Magistrate Judge Donna M. Ryu ordered the defendants to comply with the plaintiffs’ proposed qualitative sampling process for keyword search terms, citing DaSilva Moore that keywords “often are overinclusive”.

Who is Investing in eDiscovery Companies?: eDiscovery Trends

March 23, 2015

As we have reported in the past, the eDiscovery industry is still growing at an impressive rate. One recent market report estimated that the global eDiscovery market is forecast to reach $15.65 billion by 2020. So, who is investing in the eDiscovery industry?

eDiscovery Daily Is Fifty Four! (Months Old, That Is)

March 20, 2015

Let’s party! Fifty four months ago today, eDiscovery Daily was launched. 1,129 posts later, a lot has happened in the industry that we’ve covered. Twice a year, we like to take a look back at some of the important stories and topics during that time. So, here are just a few of the posts over the last six months you may have missed. Enjoy!

Plaintiff’s Motion to Quash Subpoena of Text Messages Granted by Court: eDiscovery Case Law

March 19, 2015

In Burdette v. Panola County, Mississippi Magistrate Judge S. Allan Alexander granted the plaintiff’s Motion to Quash Subpoena where the defendant subpoenaed the plaintiff’s text messages and call log records from his mobile provider.