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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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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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.

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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.

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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.

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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.

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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.

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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.

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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.

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