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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Plaintiff Slips, But Defendant Takes the Fall – eDiscovery Case Law
 Plaintiff Slips, But Defendant Takes the Fall – eDiscovery Case Law 150 150 CloudNine

In Riley v. Marriott Int’l, New York Magistrate Judge Marian W. Payson agreed with the plaintiffs that spoliation of data had occurred when the defendant failed to preserve video surveillance and “sweep logs” after one of the plaintiffs slipped and fell in the defendant’s hotel garage and that the defendant was at least grossly negligent for not preserving the information. However, the judge denied the plaintiffs request for summary judgment, granting an adverse inference instruction instead.

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Be Afraid, Be Very Afraid – eDiscovery Horrors!
 Be Afraid, Be Very Afraid – eDiscovery Horrors! 150 150 CloudNine

Today is Halloween. Every year at this time, because (after all) we’re an eDiscovery blog, we try to “scare” you with tales of eDiscovery horrors. This is our fifth year of doing so, let’s see how we do this year. Be afraid, be very afraid!

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eDiscovery in Arbitration Has Become Less…Arbitrary – eDiscovery Trends
 eDiscovery in Arbitration Has Become Less…Arbitrary – eDiscovery Trends 150 150 CloudNine

When you think of eDiscovery, you typically think of it as it relates to litigation – two sides of a case requesting and producing electronically stored information (ESI) as one means of identifying evidence designed to lead to resolution of a lawsuit. But litigation is just one method for dispute resolution. Another method is arbitration. But, do arbitrators really “get” eDiscovery? Let’s see.

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Despite 18 Missing Emails in Production, Court Denies Request for “Discovery on Discovery” – eDiscovery Case Law
 Despite 18 Missing Emails in Production, Court Denies Request for “Discovery on Discovery” – eDiscovery Case Law 150 150 CloudNine

In Freedman v. Weatherford Int’l, New York Magistrate Judge James C. Francis, IV denied the plaintiff’s request to, among other things, require the defendant to produce “certain reports comparing the electronic search results from discovery in this action to the results from prior searches” – despite the fact that the plaintiff identified 18 emails that the defendant did not produce that were ultimately produced by a third party.

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“The Decade of Discovery” On Tour – eDiscovery Trends
 “The Decade of Discovery” On Tour – 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. Now, that documentary is making the rounds and may be coming to a theatre near you.

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Apple Recovers Part, But Not All, of its Requested eDiscovery Costs from Samsung – eDiscovery Case Law
 Apple Recovers Part, But Not All, of its Requested eDiscovery Costs from Samsung – eDiscovery Case Law 150 150 CloudNine

Apple won several battles with Samsung, including ultimately being awarded over $1 billion in verdicts, as well as a $2 million sanction for the inadvertent disclosure of its outside counsel firm (Quinn Emanuel Urquhart & Sullivan LLP) commonly known as “patentgate”, but ultimately may have lost the war when the court refused to ban Samsung from selling products that were found to have infringed on Apple products. Now, they’re fighting over relative chicken-feed in terms of a few million that Apple sought to recover in eDiscovery costs.

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Those Pesky Email Signatures and Disclaimers – eDiscovery Best Practices
 Those Pesky Email Signatures and Disclaimers – eDiscovery Best Practices 150 150 CloudNine

Are email signatures and disclaimers causing more trouble than they’re worth? According to one author, perhaps they are.

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Text Overlays on Image-Only PDF Files Can Be Problematic – eDiscovery Best Practices
 Text Overlays on Image-Only PDF Files Can Be Problematic – eDiscovery Best Practices 150 150 CloudNine

Recently, we at CloudNine Discovery received a set of Adobe PDF files from a client that raised an issue regarding the handling of those files for searching and reviewing purposes. The issue serves as a cautionary tale for those working with image-only PDFs in their document collection. Here’s a recap of the issue.

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October Case Law Pop Quiz Answers! – eDiscovery Case Law
 October Case Law Pop Quiz Answers! – eDiscovery Case Law 150 150 CloudNine

Yesterday, we gave you a pop quiz for the eDiscovery case law that we’ve covered since the beginning of August. If you’re reading the blog each day, these questions should be easy! Let’s see how you did. Here are the answers.

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October Case Law Pop Quiz! – eDiscovery Case Law
 October Case Law Pop Quiz! – eDiscovery Case Law 150 150 CloudNine

We enjoyed the eDiscovery case law pop quiz that we did back in August so much, that we decided it’s time for another one – this one is customized to the case law that we’ve covered since the beginning of August. If you’re reading the blog each day, these questions should be easy! If not, we’ve provided a link to the post with the answer. We’re that nice. Test your knowledge! Tomorrow, we’ll post the answers for those who don’t know and didn’t look them up.

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