Our Insights on eDiscovery

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

January 23, 2015

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.

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

January 22, 2015

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.

Payday Loan Company Sanctioned for Discovery Violations: eDiscovery Case Law

January 21, 2015

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.

DESI Wants Your Input! – eDiscovery Trends

January 20, 2015

It’s not Desi Arnaz who wants it, but the Discovery of Electronically Stored Information (DESI) VI workshop, which is being held at the University of San Diego on June 8 as part of the 15th International Conference on Artificial Intelligence & Law (ICAIL 2015).

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

January 19, 2015

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.

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

January 16, 2015

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.

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

January 15, 2015

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.

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

January 14, 2015

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.

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

January 13, 2015

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.

Sedona Conference Updates Guide for Judges Again – eDiscovery Trends

January 12, 2015

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.