Our Insights on eDiscovery

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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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Court’s “New and Simpler Approach to Discovery” Identifies Search Terms for Plaintiff to Use – eDiscovery Case Law
 Court’s “New and Simpler Approach to Discovery” Identifies Search Terms for Plaintiff to Use – eDiscovery Case Law 150 150 CloudNine

In Armstrong Pump, Inc. v. Hartman, New York Magistrate Judge Hugh B. Scott granted in part the defendant’s motion to compel discovery responses and fashioned a “new and simpler approach” to discovery, identifying thirteen search terms/phrases for the plaintiff to use when searching its document collection.

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What I Want for Christmas – eDiscovery Wish List
 What I Want for Christmas – eDiscovery Wish List 150 150 CloudNine

With over 1,070 posts since September 20, 2010, we’ve had a lot to say about eDiscovery over 4+ years. However, we’ve never published a Christmas wish list of what we’d like to see happen in eDiscovery over the next year, so I thought I’d offer up some eDiscovery Christmas wishes. Let’s see if any of those come true within the next year!

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Image Isn’t Everything, Court Says, Denying Plaintiff’s Request for Imaging on Defendant’s Hard Drives – eDiscovery Case Law
 Image Isn’t Everything, Court Says, Denying Plaintiff’s Request for Imaging on Defendant’s Hard Drives – eDiscovery Case Law 150 150 CloudNine

In Design Basics, LLC. v. Carhart Lumber Co., Nebraska Magistrate Judge Cheryl R. Zwart, after an extensive hearing on the plaintiff’s motion to compel “full disk imaging of Defendant’s hard drives, including Defendant’s POS server, secretaries’ computers, UBS devices. . .”, denied the motion after invoking the mandatory balancing test provided in FRCP Rule 26(b)(2)(C).

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Plaintiff Ordered to Make its Production Conform to Rule 34 – eDiscovery Case Law
 Plaintiff Ordered to Make its Production Conform to Rule 34 – eDiscovery Case Law 150 150 CloudNine

In Venture Corp. Ltd. v. Barrett, California Magistrate Judge Paul S. Grewal ordered the plaintiffs to “(1) either organize and label each document it has produced or it shall provide custodial and other organizational information along the lines outlined above and (2) produce load files for its production containing searchable text and metadata” in order to conform to Rule 34 of the Federal Rules of Procedure and meet their obligation.

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“The Sheriff” is Retiring – eDiscovery Trends
 “The Sheriff” is Retiring – eDiscovery Trends 150 150 CloudNine

Over a year ago, we covered an article in The American Lawyer by Lisa Holton about five eDiscovery trailblazing judges. In a few days, one of those judges, John Facciola, U.S. Magistrate Judge, U.S. District Court for the District of Columbia, is retiring.

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eDiscovery Challenges Continue for Government Attorneys – eDiscovery Trends
 eDiscovery Challenges Continue for Government Attorneys – eDiscovery Trends 150 150 CloudNine

In April, we covered a benchmarking study of eDiscovery Practices for Government Agencies conducted by Deloitte – their seventh annual such study. You don’t have to wait a whole year for an update – their Eighth Annual Benchmarking Study of Electronic Discovery Practices for Government Agencies is available now.

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Court Determines that Software License Agreement Does Not Eliminate Production Obligation of Video – eDiscovery Case Law
 Court Determines that Software License Agreement Does Not Eliminate Production Obligation of Video – eDiscovery Case Law CloudNine

In Pero v. Norfolk Southern Railway, Co., Tennessee Magistrate Judge C. Clifford Shirley, Jr. granted the plaintiff’s motion to compel discovery of a video declining to require the plaintiff to view the video at the defendant’s counsel’s office or obtain a license for the proprietary viewing software, ordering the defendant instead to either produce a laptop with the video loaded on it or to reimburse the plaintiff for the cost of a software license.

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EDRM Updates Statistical Sampling Applied to Electronic Discovery Guide – eDiscovery Trends
 EDRM Updates Statistical Sampling Applied to Electronic Discovery Guide – eDiscovery Trends 150 150 CloudNine

Over two years ago, we covered EDRM’s initial announcement of a new guide called Statistical Sampling Applied to Electronic Discovery. Now, they have announced an updated version of the guide.

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Court Agrees with Defendants that Producing Medical Records in Native Form is an “Undue Burden” – eDiscovery Case Law
 Court Agrees with Defendants that Producing Medical Records in Native Form is an “Undue Burden” – eDiscovery Case Law 150 150 CloudNine

In Peterson v. Matlock, New Jersey Magistrate Judge Douglas E. Arpert denied the plaintiffs motion to compel defendants to produce the plaintiff’s electronically stored medical records in “native readable format” after the defendants produced the records in PDF format, agreeing that the defendants had demonstrated that they would suffer an undue burden in complying with the plaintiff’s request.

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