Our Insights on eDiscovery

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Where Some of Your Tax Dollars are Going, if you’re in Tennessee – eDiscovery Trends
 Where Some of Your Tax Dollars are Going, if you’re in Tennessee – eDiscovery Trends 150 150 CloudNine

One of the topics at the roundtable discussion after the Houston showing of The Decade of Discovery the other night was regarding Rule 37(e), preservation and sanctions. Apparently, at least in one state, the burden of preservation has become a fairly significant cost to that state.

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Houston, Hello! The Decade of Discovery Showing for One Night Only! – eDiscovery Trends
 Houston, Hello! The Decade of Discovery Showing for One Night Only! – eDiscovery Trends 150 150 CloudNine

A few months ago, we told you about an intriguing documentary about eDiscovery that premiered in the New York area. Then, in October, we told you that documentary is making the rounds and may be coming to a theatre near you. Tonight, that documentary is showing in my hometown of Houston, so if you’re in the area, come check it out! It’s free, if you register!

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Finding Defendant’s Destruction of Documents to be “Planned, Repeated and Comprehensive”, Court Awards Judgment to Plaintiff – eDiscovery Case Law
 Finding Defendant’s Destruction of Documents to be “Planned, Repeated and Comprehensive”, Court Awards Judgment to Plaintiff – eDiscovery Case Law 150 150 CloudNine

In Regulatory Fundamentals Group v. Governance Risk Management Compliance, New York District Judge Katherine B. Forrest granted the plaintiff’s motion for sanctions and ordered that judgment be entered for the defendant’s “planned, repeated, and comprehensive” destruction of highly-relevant documents.

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What I’m Thankful for This Thanksgiving – eDiscovery Thanks
 What I’m Thankful for This Thanksgiving – eDiscovery Thanks 150 150 CloudNine

As a devoted blog writer and eDiscovery geek, with Thanksgiving coming this Thursday, I thought it would be a good time to talk about what I’m thankful for this holiday season from an eDiscovery standpoint. Maybe you’re thankful for some of these same things?

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Court Opts for Defendant’s Plan of Review including TAR and Manual Review over Plaintiff’s TAR Only Approach – eDiscovery Case Law
 Court Opts for Defendant’s Plan of Review including TAR and Manual Review over Plaintiff’s TAR Only Approach – eDiscovery Case Law 150 150 CloudNine

In Good v. American Water Works, West Virginia District Judge John T. Copenhaver, Jr. granted the defendants’ motion for a Rule 502(d) order that merely encouraged the incorporation and employment of time-saving computer-assisted privilege review over the plaintiffs’ proposal disallowing linear privilege review altogether.

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Court Allows Costs for TIFF Conversion and OCR, Likens it to “Making Copies” – eDiscovery Case Law
 Court Allows Costs for TIFF Conversion and OCR, Likens it to “Making Copies” – eDiscovery Case Law 150 150 CloudNine

In Kuznyetsov v. West Penn Allegheny Health Sys., Pennsylvania Senior District Judge Donetta W. Ambrose upheld the Clerk of Courts issuance of Taxation of Costs for $60,890.97 in favor of the defendants and against the named the plaintiffs, including costs for “scanning and conversion of native files to the agreed-upon format for production of ESI”.

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Twitter Might “Bug” You if You Want to Retrieve Archive Data – eDiscovery Best Practices
 Twitter Might “Bug” You if You Want to Retrieve Archive Data – eDiscovery Best Practices 150 150 CloudNine

Thanks to the Google Alerts that I set up to send me new stories related to eDiscovery, I found an interesting blog post from an attorney that appears to shed light on an archival bug within Twitter that could affect people who may want to retrieve Twitter archival data for eDiscovery purposes.

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Defendant Ordered to Produce Archived Emails Even Though Plaintiff Failed to Produce Theirs – eDiscovery Case Law
 Defendant Ordered to Produce Archived Emails Even Though Plaintiff Failed to Produce Theirs – eDiscovery Case Law 150 150 CloudNine

In Finjan, Inc. v. Blue Coat Systems., California Magistrate Judge Paul S. Grewal granted the plaintiff’s motion ordering the defendant to produce relevant emails from its eight custodians, even though the plaintiff was unable to provide its own archival emails.

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More Organizations Have Data Breach Plans in Place, But More Are Reporting Data Breaches – eDiscovery Trends
 More Organizations Have Data Breach Plans in Place, But More Are Reporting Data Breaches – eDiscovery Trends 150 150 CloudNine

You cannot talk about eDiscovery these days without talking about data security and breaches. Bank of America, Home Depot and Target are just three examples of big name companies that have been hit by data breaches. A recent study, conducted by the Ponemon Institute, shows that more organizations have data breach response plans and teams in place, yet more organizations are reporting at least one data breach in the past two years.

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The Watergate 18 Minute Gap in Audio Recordings Has Nothing on This Case – eDiscovery Case Law
 The Watergate 18 Minute Gap in Audio Recordings Has Nothing on This Case – eDiscovery Case Law 150 150 CloudNine

In Novick v. AXA Network, LLC, New York Magistrate Judge Kevin Nathaniel Fox granted the plaintiff’s request for sanctions against the defendant, awarding an adverse inference jury instruction for several weeks of spoliated audio recordings and also awarding “reasonable attorney’s fees and costs” associated with the motion as well as retaking several depositions.

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