Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
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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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New Study Sheds Light on Law Department Buying Habits – eDiscovery Trends
 New Study Sheds Light on Law Department Buying Habits – eDiscovery Trends 150 150 CloudNine

Want to know about law department habits regarding legal spend? Then, Huron Legal has a report for you.

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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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