Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.

Our 1,000th Post! – eDiscovery Milestones

When we launched nearly four years ago on September 20, 2010, our goal was to be a daily resource for eDiscovery news and analysis. Now, after doing so each business day, I’m happy to announce that today is our 1,000th post on eDiscovery Daily! Check out what we’ve covered over 1,000 posts!

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Court Refuses to Ban Samsung from Selling Products Found to Have Infringed on Apple Products – eDiscovery Case Law

Apple may have 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, Samsung has may have won the war with the court’s refusal to ban Samsung from selling products that were found to have infringed on Apple products.

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Court Sides with Defendant in Dispute over Predictive Coding that Plaintiff Requested – eDiscovery Case Law

In the case In re Bridgepoint Educ., Inc., Securities Litigation, California Magistrate Judge Jill L. Burkhardt ruled that expanding the scope of discovery by nine months was unduly burdensome, despite the plaintiff’s request for the defendant to use predictive coding to fulfill its discovery obligation and also approved the defendants’ method of using search terms to identify responsive documents for the already reviewed three individual defendants, directing the parties to meet and confer regarding the additional search terms the plaintiffs requested.

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Browning Marean: 1942 – 2014

Browning Marean passed away this past Friday (August 22) at the age of 71 from complications after a several months battle with esophageal cancer. As described in several wonderful tributes that I read today, his death was not only a huge loss to the eDiscovery and legal technology community, but to any individuals that had the opportunity to know him and work with him. Here are links to those tributes, I encourage you to take some time out today and get to know him through the eyes of others like I did today.

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Circuit Court Affirms Denial of Sanctions Over Spoliation by Defendant – eDiscovery Case Law

In Automated Solutions Corp. v. Paragon Data Sys., Inc., the Sixth Circuit court affirmed the holdings of the district court, rejecting the plaintiff’s arguments that the district court abused its discretion by denying plaintiff’s motion for spoliation sanctions due to defendant’s failure to preserve information on a hard drive and server. The circuit court also affirmed the ruling by both the magistrate and district judge that the defendant’s back-up tapes were not subject to the duty to preserve.

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