Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
Close
Enter your
text here
Simply Deleting a File Doesn’t Mean It’s Gone – eDiscovery Best Practices
 Simply Deleting a File Doesn’t Mean It’s Gone – eDiscovery Best Practices 150 150 CloudNine

When a file is “deleted” (i.e., actually deleted, not just moved to the Recycle Bin), the data for that file isn’t actually removed from the disk (in most cases). So, where does it go? Let’s find out.

read more
The Importance of Metadata – eDiscovery Best Practices
 The Importance of Metadata – eDiscovery Best Practices 150 150 CloudNine

If an electronic document is a “house” for information, then metadata could be considered the “deed” to that house. There is far more to explaining a house than simply the number of stories and the color of trim. It is the data that isn’t apparent to the naked eye that tells the rest of the story. For a house, the deed lines out the name of the buyer, the financier, and the closing date among heaps of other information that form the basis of the property. For an electronic document, it’s not just the content or formatting that holds the key to understanding it. Metadata, which is data about the document, contains information such as the user who created it, creation date, the edit history, and file type. Metadata often tells the rest of the story about the document and, therefore, is often a key focus of eDiscovery.

read more
Plaintiff Can’t “Pick” and Choose When it Comes to Privilege of Inadvertent Disclosures – eDiscovery Case Law
 Plaintiff Can’t “Pick” and Choose When it Comes to Privilege of Inadvertent Disclosures – eDiscovery Case Law 150 150 CloudNine

In Pick v. City of Remsen, Iowa District Judge Mark W. Bennett upheld the magistrate judge’s order directing the destruction of an inadvertently-produced privileged document, an email from defense counsel to some of the defendants, after affirming the magistrate judge’s analysis of the five-step analysis to determine whether privilege was waived.

read more
What’s in a (File) Name? More Than You Think – eDiscovery Best Practices
 What’s in a (File) Name? More Than You Think – eDiscovery Best Practices 150 150 CloudNine

When you’ve worked in litigation support and eDiscovery as long as some of us have, you just think a little bit differently – even when it comes to naming files and folders on your computer. In her excellent Litigation Support Guru blog, Amy Bowser-Rollins provides some best practices to think more like a litigation support person.

read more
Want an Automated, Easy and Inexpensive Way to Process Your Data? Read On – eDiscovery Trends
 Want an Automated, Easy and Inexpensive Way to Process Your Data? Read On – eDiscovery Trends 150 150 CloudNine

A couple of months ago, we had a laugh at Ralph Losey’s post that took a humorous look at the scenario where it’s Friday at 5 and you need data processed to be reviewed over the weekend. It was a funny take on a real problem that most of us have experienced from time to time. But, there may be a solution to this problem that’s automated, easy and inexpensive.

read more
Judgment of $34 Million against Insurer Dodging Malpractice Claim is a “Dish” Served Cold – eDiscovery Case Law
 Judgment of $34 Million against Insurer Dodging Malpractice Claim is a “Dish” Served Cold – eDiscovery Case Law 150 150 CloudNine

In my hometown of Houston, attempting to deny coverage to a client successfully sued for discovery-related negligence cost OneBeacon Insurance Company a $34 million judgment by a federal jury.

read more
Dealing with the Departed – eDiscovery Best Practices
 Dealing with the Departed – eDiscovery Best Practices 150 150 CloudNine

When litigation hits, key activities to get a jump on the case include creating a list of key employees most likely to have documents relevant to the litigation and interviewing those key employees, as well as key department representatives, such as IT for information about retention and destruction policies. These steps are especially important as they may shed light on custodians you might not think about – the departed.

read more
Most Big Companies Have a Big Data Program, But They’re Not Crazy about the Term “Big Data” – eDiscovery Trends
 Most Big Companies Have a Big Data Program, But They’re Not Crazy about the Term “Big Data” – eDiscovery Trends 150 150 CloudNine

Yesterday, we discussed some amazing facts about just how “BIG” that Big Data has gotten to be. Today, let’s look at what BIG companies are doing about BIG data.

read more
Just How “BIG” is Big Data Getting? Check Out These Facts – eDiscovery Trends
 Just How “BIG” is Big Data Getting? Check Out These Facts – eDiscovery Trends 150 150 CloudNine

If you work with information as an attorney, paralegal, litigation support professional or information technology (IT) professional, you have probably heard the term “big data” at an ever increasing rate. But, just how BIG is big data getting? Check out these facts.

read more
Plaintiff Slips, But Defendant Takes the Fall – eDiscovery Case Law
 Plaintiff Slips, But Defendant Takes the Fall – eDiscovery Case Law 150 150 CloudNine

In Riley v. Marriott Int’l, New York Magistrate Judge Marian W. Payson agreed with the plaintiffs that spoliation of data had occurred when the defendant failed to preserve video surveillance and “sweep logs” after one of the plaintiffs slipped and fell in the defendant’s hotel garage and that the defendant was at least grossly negligent for not preserving the information. However, the judge denied the plaintiffs request for summary judgment, granting an adverse inference instruction instead.

read more