Our Insights on eDiscovery

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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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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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