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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Battle Continues between Attorneys and Client over Attorneys’ Failure to Review Documents – eDiscovery Case Law
 Battle Continues between Attorneys and Client over Attorneys’ Failure to Review Documents – eDiscovery Case Law 150 150 CloudNine

In Price Waicukauski & Riley v. Murray, Indiana District Judge William T. Lawrence granted the plaintiff’s request for summary judgment for failure to pay attorney’s fees of over $125,000, and refused to issue summary judgment for either party related to a legal malpractice claim for the plaintiff’s admitted failure to review documents produced in the defendants’ case against another party because of a factual dispute regarding the plaintiff’s knowledge of the documents produced.

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If You Have a Flashlight App on Your Phone, You Need to Read This – Mobile eDiscovery
 If You Have a Flashlight App on Your Phone, You Need to Read This – Mobile eDiscovery 150 150 CloudNine

Yesterday, we discussed a case where a company faced a recommended severe default judgment sanction, in part because of the company’s failure to preserve data on “bring your own device” (BYOD) personal smart phones used by employees for work purposes. This is merely one challenge associated with BYOD policies in organizations. Another is the greater potential for spyware to capture data through installed apps. Here is one reported example.

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Failure to Preserve Data on Various Devices Causes Special Master to Recommend Default Judgment – eDiscovery Case Law
 Failure to Preserve Data on Various Devices Causes Special Master to Recommend Default Judgment – eDiscovery Case Law 150 150 CloudNine

In Small v. University Medical Center of Southern Nevada, Special Master Daniel B. Garrie, calling the defendant’s widespread failure to preserve data a “mockery of the orderly administration of justice”, recommended that the court enter an order of default judgment, along with further sanctions, in favor of the plaintiffs.

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Microsoft Acquires Equivio (Reportedly) and Everyone Speculates what that Means for eDiscovery – eDiscovery Trends
 Microsoft Acquires Equivio (Reportedly) and Everyone Speculates what that Means for eDiscovery – eDiscovery Trends 150 150 CloudNine

The acquisitions just keep coming. The Wall Street Journal reported on October 7 that Microsoft has signed a letter of intent to acquire Israeli text-analysis vendor, Equivio. The Journal said Microsoft may pay $200 million for the startup, though Bloomberg’s report on the same day stated “Microsoft will pay materially less than that, the person with knowledge of the matter said”. So, what does it mean for the eDiscovery industry?

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Court Rules that Joint Stipulation Supports Plaintiff’s Production of Images Instead of Native Files – eDiscovery Case Law
 Court Rules that Joint Stipulation Supports Plaintiff’s Production of Images Instead of Native Files – eDiscovery Case Law 150 150 CloudNine

In Melian Labs, Inc. v. Triology LLC, California Magistrate Judge Kandis A. Westmore denied the plaintiff’s motion to compel discovery in native form because the production format had been agreed upon under the parties’ ESI protocol under the Joint Rule 26(f) Report filed by the parties that supported production in “paper, PDF, or TIFF format”.

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Twitter Sues for the Right to be More Transparent – Social Tech eDiscovery
 Twitter Sues for the Right to be More Transparent – Social Tech eDiscovery 150 150 CloudNine

Back in July, we took a look at Twitter’s Transparency Report to show government requests for data over the last six months of 2013 (we had previously looked at their very first report here). However, because Twitter is barred by law from disclosing certain details on government surveillance requests, the Transparency Report is not as transparent as Twitter would like. So, on Tuesday, Twitter filed suit against the FBI and the Justice Department, seeking the ability to release more detailed information on government surveillance of Twitter users.

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eDiscovery Throwback Thursdays – How things evolved, part 3
 eDiscovery Throwback Thursdays – How things evolved, part 3 150 150 CloudNine

So far in this blog series, we’ve taken a look at the ‘litigation support culture’ circa 1980, and we’ve covered how databases were built and used. In the past couple of weeks we’ve talked about the form in which document collections were stored and the evolution – first in paper form, then on microfilm, then microfiche, and then as digital images. Database content has evolved too. Let’s discuss.

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Survey of Corporate Counsel Finds that there is Much Room for Improvement in Handling eDiscovery – eDiscovery Trends
 Survey of Corporate Counsel Finds that there is Much Room for Improvement in Handling eDiscovery – eDiscovery Trends 150 150 CloudNine

Yesterday, we discussed a new self-assessment test that enables organizations to measure their eDiscovery “maturity”. Today, we look at a new survey of corporate counsel from BDO Consulting that shows that they feel there is substantial room for improvement when evaluating their organizations’ effectiveness in managing eDiscovery.

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How Mature is Your Organization in Handling eDiscovery? – eDiscovery Best Practices
 How Mature is Your Organization in Handling eDiscovery? – eDiscovery Best Practices 150 150 CloudNine

A new self-assessment resource from EDRM helps you answer that question. A few days ago, EDRM announced the release of the EDRM eDiscovery Maturity Self-Assessment Test (eMSAT-1), the “first self-assessment resource to help organizations measure their eDiscovery maturity”. Find out more about it here.

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Court Approves Use of Predictive Coding, Disagrees that it is an “Unproven Technology” – eDiscovery Case Law
 Court Approves Use of Predictive Coding, Disagrees that it is an “Unproven Technology” – eDiscovery Case Law 150 150 CloudNine

In Dynamo Holdings v. Commissioner of Internal Revenue, Texas Tax Court Judge Ronald Buch ruled that the petitioners “may use predictive coding in responding to respondent’s discovery request” and if “after reviewing the results, respondent believes that the response to the discovery request is incomplete, he may file a motion to compel at that time”.

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