Our Insights on eDiscovery

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Court Opts for Defendant’s Plan of Review including TAR and Manual Review over Plaintiff’s TAR Only Approach – eDiscovery Case Law
 Court Opts for Defendant’s Plan of Review including TAR and Manual Review over Plaintiff’s TAR Only Approach – eDiscovery Case Law 150 150 CloudNine

In Good v. American Water Works, West Virginia District Judge John T. Copenhaver, Jr. granted the defendants’ motion for a Rule 502(d) order that merely encouraged the incorporation and employment of time-saving computer-assisted privilege review over the plaintiffs’ proposal disallowing linear privilege review altogether.

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Court Allows Costs for TIFF Conversion and OCR, Likens it to “Making Copies” – eDiscovery Case Law
 Court Allows Costs for TIFF Conversion and OCR, Likens it to “Making Copies” – eDiscovery Case Law 150 150 CloudNine

In Kuznyetsov v. West Penn Allegheny Health Sys., Pennsylvania Senior District Judge Donetta W. Ambrose upheld the Clerk of Courts issuance of Taxation of Costs for $60,890.97 in favor of the defendants and against the named the plaintiffs, including costs for “scanning and conversion of native files to the agreed-upon format for production of ESI”.

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Twitter Might “Bug” You if You Want to Retrieve Archive Data – eDiscovery Best Practices
 Twitter Might “Bug” You if You Want to Retrieve Archive Data – eDiscovery Best Practices 150 150 CloudNine

Thanks to the Google Alerts that I set up to send me new stories related to eDiscovery, I found an interesting blog post from an attorney that appears to shed light on an archival bug within Twitter that could affect people who may want to retrieve Twitter archival data for eDiscovery purposes.

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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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