Our Insights on eDiscovery

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Welcome to LegalTech West Coast 2014! – eDiscovery Trends
 Welcome to LegalTech West Coast 2014! – eDiscovery Trends 150 150 CloudNine

Today is the start of LegalTech® West Coast 2014 (LTWC) and eDiscoveryDaily is reporting about the latest eDiscovery trends being discussed at the show. We will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered. Here are eDiscovery-related sessions in the main conference tracks.

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Court Refuses to Dismiss Spoliation Claim Due to Defendant’s Failure to Produce Key Native File with Metadata – eDiscovery Case Law
 Court Refuses to Dismiss Spoliation Claim Due to Defendant’s Failure to Produce Key Native File with Metadata – eDiscovery Case Law 150 150 CloudNine

In Raines v. College Now Greater Cleveland, Inc., Ohio District Judge James S. Gwin refused to dismiss the plaintiff’s claim of tortious spoliation of evidence due to the defendant’s failure to produce the metadata associated with a key report authored by the plaintiff.

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Order for Financial Records and Facebook Conversations Modified Due to Privacy Rights – eDiscovery Case Law
 Order for Financial Records and Facebook Conversations Modified Due to Privacy Rights – eDiscovery Case Law 150 150 CloudNine

In Stallings v. City of Johnston City, Illinois Chief District Judge David R. Herndon modified an earlier order by a magistrate judge in response to the plaintiff’s appeal, claiming that the order violated the privacy rights of the plaintiff, and of minor children with whom the plaintiff had held conversations on Facebook.

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Revised Federal Rule Amendments One Step Closer – eDiscovery Trends
 Revised Federal Rule Amendments One Step Closer – eDiscovery Trends 150 150 CloudNine

As noted by a recent article in Law Technology News, a revised package of amendments to the Federal Rules of Civil Procedure (FRCP) is one step closer to being adopted.

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Want My Production? Here’s my Database! – eDiscovery Trends
 Want My Production? Here’s my Database! – eDiscovery Trends 150 150 CloudNine

A couple of weeks ago, we covered a case where the US Government was ordered to continue providing access to an eDiscovery database to a defendant in a criminal case. That case shed light on a growing trend in the industry that I have also observed personally – “producing” documents to opposing counsel by providing access to the documents via a hosted eDiscovery solution.

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Portions of Plaintiff’s Motion to Compel eDiscovery Ruled as “Overbroad” and “Moot” Reaffirmed by District Court – eDiscovery Case Law
 Portions of Plaintiff’s Motion to Compel eDiscovery Ruled as “Overbroad” and “Moot” Reaffirmed by District Court – eDiscovery Case Law 150 150 CloudNine

In Elkharwily v. Mayo Holding Co., Minnesota District Judge David S. Doty overruled the plaintiff’s objection to a magistrate judge’s order that denied in part the plaintiff’s motion to compel discovery, labeling some requests as overbroad or moot, particularly after the defendant contended it had already produced the requested discovery materials.

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Court Denies Defendant’s Request for Deposition Regarding Plaintiff’s Discovery Search Tools – eDiscovery Case Law
 Court Denies Defendant’s Request for Deposition Regarding Plaintiff’s Discovery Search Tools – eDiscovery Case Law 150 150 CloudNine

In Koninklijke Philips N.V. v. Hunt Control Sys., Inc., New Jersey Magistrate Judge James B. Clark III granted the plaintiff’s protective order to prevent the defendant from proceeding with a new deposition to review whether the plaintiff had used “appropriate search tools for ESI discovery,” after the requested discovery documents had already been produced.

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Richard G. Braman: 1953 – 2014
 Richard G. Braman: 1953 – 2014 150 150 CloudNine

I learned from Ralph Losey’s excellent blog, e-Discovery Team ®, that Richard Braman, the Founder and Executive Director Emeritus of The Sedona Conference®, passed away on Monday after battling an extended illness. He was only 60 years old.

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The Pitfalls of Self-Culling and Image Files – eDiscovery Best Practices
 The Pitfalls of Self-Culling and Image Files – eDiscovery Best Practices 150 150 CloudNine

There’s a common mistake that organizations make when collecting their own files to turn over for discovery purposes. Many attorneys turn over the collection of potentially responsive files to the individual custodians of those files, or to someone in the organization responsible for collecting those files (typically, an IT person) and the self-collection involves “self-culling” through the use of search terms. When this happens, important files can be missed.

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Court Rules that Unilateral Predictive Coding is Not Progressive – eDiscovery Case Law
 Court Rules that Unilateral Predictive Coding is Not Progressive – eDiscovery Case Law 150 150 CloudNine

In In Progressive Cas. Ins. Co. v. Delaney, Nevada Magistrate Judge Peggy A. Leen determined that the plaintiff’s unannounced shift from the agreed upon discovery methodology, to a predictive coding methodology for privilege review was not cooperative. Therefore, the plaintiff was ordered to produce documents that met agreed-upon search terms without conducting a privilege review first.

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