Our Insights on eDiscovery

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Welcome to LegalTech New York 2015!: eDiscovery Trends
 Welcome to LegalTech New York 2015!: eDiscovery Trends 150 150 CloudNine

Today is the start of LegalTech® New York 2015 (LTNY) and, for the fifth year in a row, eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. Over the next three days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered. Here are some highlights for today!

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Court Awards Attorney Fees to Defendant After Delayed Production by Plaintiff: eDiscovery Case Law
 Court Awards Attorney Fees to Defendant After Delayed Production by Plaintiff: eDiscovery Case Law 150 150 CloudNine

In Michigan Millers Mutual Insurance Co. v. Westport Insurance Corp., Michigan Magistrate Judge Phillip J. Green awarded some (but not all) of the attorney fees requested by the defendant after the plaintiff “made repeated promises to produce the subject documents”, but “failed to do so for nearly three months after the deadline for responding to Westport’s Rule 34 request” and “compliance was obtained only after Westport filed its motion to compel”.

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EDRM and ACEDS Partner Up: eDiscovery Trends
 EDRM and ACEDS Partner Up: eDiscovery Trends 150 150 CloudNine

A couple of days ago, two of the most recognized organizations for promoting standards within the eDiscovery industry announced an alliance. EDRM and the Association of Certified E-Discovery Specialists (ACEDS) have announced a new “affinity” partnership. Among other things, that could mean savings to you if you want to be a member of both organizations.

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Get a Jump on Information Governance Best Practices at LegalTech with this Boot Camp: eDiscovery Trends
 Get a Jump on Information Governance Best Practices at LegalTech with this Boot Camp: eDiscovery Trends 150 150 CloudNine

Last year, the Information Governance Initiative (IGI), a cross-disciplinary consortium and think tank focused on advancing information governance was launched (we covered it here and here). Now, for New Yorkers and early birds to next week’s LegalTech® show, the IGI has partnered with Cardozo School of Law, in association with LegalTech New York, to bring you a one-day information governance boot camp next Monday, February 2.

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Plaintiffs Not Sanctioned for Late Production, Citing Their $29,000 Expense to Hire Experts to Assist: eDiscovery Case Law
 Plaintiffs Not Sanctioned for Late Production, Citing Their $29,000 Expense to Hire Experts to Assist: eDiscovery Case Law 150 150 CloudNine

In Federico et al. v. Lincoln Military Housing LLC, et al., Virginia Magistrate Judge Douglas E. Miller, concluding that the defendants had not established that the plaintiffs had acted in bad faith when failing to meet production deadlines, declined to impose “any further sanction against Plaintiffs beyond the $29,000 expense associated with their expert’s production of the Facebook records”, except for a portion of the reasonable attorney’s fees associated with the original motion to compel.

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Guide for Making the Most of LegalTech: eDiscovery Trends
 Guide for Making the Most of LegalTech: eDiscovery Trends 150 150 CloudNine

Believe it or not, LegalTech® New York (LTNY) starts in one week. The show can be overwhelming if you’re not prepared. A couple of weeks ago, Monica Bay wrote a terrific article in Law Technology News (Tips for Newbies to Survive LegalTech New York) which provides suggestions from several show veterans on how to get the most out of the show. That reminded me that Jane Gennarelli wrote a post on this blog three years ago with her own suggestions, so I’ve revisited it below. For best results, check out both articles and make your game plan from there!

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California Has an Opinion about Attorney Blogging Too – eDiscovery Trends
 California Has an Opinion about Attorney Blogging Too – eDiscovery Trends 150 150 CloudNine

Last week, we reported on an updated 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 (after reporting on the original proposed opinion back in April). Now, the California State Bar Standing Committee on Professional Responsibility and Conduct (COPRAC) has turned its attention to another relatable topic for me – blogging (by attorneys, of course).

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Plaintiff Sanctioned for Late Production, But Not for Failure to Produce Data Held by Outside Vendor: eDiscovery Case Law
 Plaintiff Sanctioned for Late Production, But Not for Failure to Produce Data Held by Outside Vendor: eDiscovery Case Law 150 150 CloudNine

In Ablan v. Bank of America, Illinois Magistrate Judge Daniel G. Martin recommended that the defendant’s Motion for Sanctions should be granted in part and denied in part, recommending that the plaintiffs be barred from using any new information at summary judgment or at trial that was contained on eight CD-ROMs produced late, but recommending no sanctions for failing to produce or make available documents held by the plaintiff’s outside vendor.

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The First 7 to 10 Days May Make or Break Your Case: eDiscovery Best Practices
 The First 7 to 10 Days May Make or Break Your Case: eDiscovery Best Practices 150 150 CloudNine

When a case is filed, several activities must be completed within a short period of time (often as soon as the first seven to ten days after filing) to enable you to assess the scope of the case, where the key electronically stored information (ESI) is located and whether to proceed with the case or attempt to settle with opposing counsel. Here are several of the key early activities that can assist in deciding whether to litigate or settle the case.

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Payday Loan Company Sanctioned for Discovery Violations: eDiscovery Case Law
 Payday Loan Company Sanctioned for Discovery Violations: eDiscovery Case Law 150 150 CloudNine

In James v. National Financial LLC, Delaware Vice Chancellor Laster granted the plaintiff’s motion for sanctions after determining that the defendant’s “discovery misconduct calls for serious measures”. However, the plaintiff’s request for a default judgment was not granted, but lesser sanctions that included attorneys’ fees and a ruling that the lack of information contained in the requested document resulted in an admission.

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