Our Insights on eDiscovery

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New California eDiscovery Competence Proposed Opinion Has Been Revised – eDiscovery Trends
 New California eDiscovery Competence Proposed Opinion Has Been Revised – eDiscovery Trends 150 150 CloudNine

Last April, we reported on a new proposed opinion in California that required that attorneys in that state better be sufficiently skilled in eDiscovery, hire technical consultants or competent counsel that is sufficiently skilled, or decline representation in cases where eDiscovery is required. Now, that opinion has been revised and the comment period has been reset.

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Expanded Sources of ESI May Leave You “Fit” to be Tied – eDiscovery Trends
 Expanded Sources of ESI May Leave You “Fit” to be Tied – eDiscovery Trends 150 150 CloudNine

One of the items that I bought my wife for Christmas (which she really wanted) was an UP 24™ Fitness Tracker, which is a wristband that tracks a variety of fitness metrics, including steps taken, workouts logged and calories burned (not to mention sleep cycles) and enables you to share and compare your stats with your friends via an app on your mobile device. Another example of a similar device is a Fitbit®. Based on a recent case, these devices are just another example of new devices from which relevant ESI may be collected for discovery.

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Court Orders Defendant to Submit Further Declaration after Plaintiff Disputes its Claimed eDiscovery Costs – eDiscovery Case Law
 Court Orders Defendant to Submit Further Declaration after Plaintiff Disputes its Claimed eDiscovery Costs – eDiscovery Case Law 150 150 CloudNine

In Bonillas v. United Air Lines Inc., California Chief Magistrate Judge Elizabeth D. LaPorte ordered the defendant to submit a further declaration supporting its claimed eDiscovery costs by addressing several issues raised by no later than January 5, 2015, with the plaintiff having until January 8, 2015 to submit a brief response to the further declaration if he chose to do so.

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Three “C”s, Cowboys, Cannibals and Craig (Ball) – eDiscovery Best Practices
 Three “C”s, Cowboys, Cannibals and Craig (Ball) – eDiscovery Best Practices 150 150 CloudNine

They say that a joke is only old if you haven’t heard it before. In that vein, an article about eDiscovery is only old if you haven’t read it before. Craig Ball is currently revisiting some topics that he covered ten years ago with an updated look, making them appropriate for 1) people who weren’t working in eDiscovery ten years ago (which is probably a lot of you), 2) people who haven’t read the articles previously and 3) people who have read the articles previously, but haven’t seen his updated takes. In other words, everybody.

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EDRM Publishes Clarification to its Model Code of Conduct – eDiscovery Trends
 EDRM Publishes Clarification to its Model Code of Conduct – eDiscovery Trends 150 150 CloudNine

Yesterday, we discussed an update to the Cooperation Proclamation: Resources for the Judiciary from The Sedona Conference®. Today, another titan of eDiscovery standards and best practices, EDRM, has an update of its own.

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Sedona Conference Updates Guide for Judges Again – eDiscovery Trends
 Sedona Conference Updates Guide for Judges Again – eDiscovery Trends 150 150 CloudNine

In 2011, The Sedona Conference® made a public comments version of the Cooperation Proclamation: Resources for the Judiciary available on the Sedona Conference website. As the Preface states, “The Resources are intended to aid State and federal judges in the management of electronically stored information (“ESI”) in civil actions for which the judges are responsible”. In 2012, the Resources guide was updated. Last month, the Resources guide was updated again and the free version is available on the Sedona Conference web site.

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Notice Anything Different? – eDiscovery Redesign
 Notice Anything Different? – eDiscovery Redesign 150 150 CloudNine

Besides the fact that this is a rare Saturday post for us? If you’re an email subscriber to eDiscovery Daily, you may have noticed something different in the past few days – a new design for the blog!

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2014 eDiscovery Case Law Year in Review, Part 4
 2014 eDiscovery Case Law Year in Review, Part 4 150 150 CloudNine

As we noted yesterday, Wednesday and Tuesday, eDiscoveryDaily published 93 posts related to eDiscovery case decisions and activities over the past year, covering 68 unique cases! Yesterday, we looked back at cases related to privilege and inadvertent disclosures, requests for social media, cases involving technology assisted review and the case of the year – the ubiquitous Apple v. Samsung dispute. Today, let’s take a look back at cases related to sanctions and spoliation.

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2014 eDiscovery Case Law Yhttps://cloudnine.com/ediscoverydaily/case-law/2014-ediscovery-case-law-year-in-review-part-3/ear in Review, Part 3
 2014 eDiscovery Case Law Yhttps://cloudnine.com/ediscoverydaily/case-law/2014-ediscovery-case-law-year-in-review-part-3/ear in Review, Part 3 150 150 CloudNine

As we noted yesterday and the day before, eDiscoveryDaily published 93 posts related to eDiscovery case decisions and activities over the past year, covering 68 unique cases! Yesterday, we looked back at cases related to eDiscovery cost sharing and reimbursement, fee disputes and production format disputes. Today, let’s take a look back at cases related to privilege and inadvertent disclosures, requests for social media, cases involving technology assisted review and the case of the year – the ubiquitous Apple v. Samsung dispute.

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2014 eDiscovery Case Law Year in Review, Part 1
 2014 eDiscovery Case Law Year in Review, Part 1 150 150 CloudNine

It’s time for our annual review of eDiscovery case law! We had more than our share of sanctions granted and denied, as well as disputes over admissibility of electronically stored information (ESI), eDiscovery cost reimbursement, and production formats, even disputes regarding eDiscovery fees. So, as we did last year and the year before that and also the year before that, let’s take a look back at 2014!

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