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’s Failure to Communicate with Defendants Causes Complications in Discovery – eDiscovery Case Law
 Plaintiff’s Failure to Communicate with Defendants Causes Complications in Discovery – eDiscovery Case Law 150 150 CloudNine

In Procaps S.A. v. Patheon Inc., the defendants filed a Motion to Compel over search terms for Electronically Stored Information (ESI), after the lead counsel for the plaintiffs repeatedly demonstrated uncooperative behavior by not responding to emails sent by defendants’ counsel, or responding with brief and unclear messages.

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The Mergers and Acquisitions Keep on Coming – eDiscovery Trends
 The Mergers and Acquisitions Keep on Coming – eDiscovery Trends 150 150 CloudNine

As the saying goes, “You can’t tell the players without a scorecard!” It has been close to two years since we looked at the mergers, acquisitions and investments in the eDiscovery industry, so it seems like a good time for an update. Here are a couple of resources for keeping up with eDiscovery industry changes in the provider community.

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Another Instance Where Word is Not So Smart – eDiscovery Best Practices
 Another Instance Where Word is Not So Smart – eDiscovery Best Practices 150 150 CloudNine

Way back within the first couple of months after this blog was launched, we discussed those stupid “smart quotes” in Microsoft® Word where Word, by default, automatically changes straight quotation marks ( ‘ or ” ) to curly quotes as you type. There’s another way where Word isn’t so smart, unless you know the workaround, which I just learned this week.

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If Your Documents Are Not Logical, Discovery Won’t Be Either – eDiscovery Best Practices
 If Your Documents Are Not Logical, Discovery Won’t Be Either – eDiscovery Best Practices 150 150 CloudNine

Scanning may no longer be cool, but it’s still necessary. Electronic discovery still typically includes a paper component. When it comes to paper, how documents are identified is critical to how useful they will be. Here’s an example.

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Defendant Failure to Produce in Agreed Upon Format Leads to Dispute with Plaintiffs – eDiscovery Case Law
 Defendant Failure to Produce in Agreed Upon Format Leads to Dispute with Plaintiffs – eDiscovery Case Law 150 150 CloudNine

In EEOC v. SVT, LLC, discovery disputes arose when the plaintiffs and defendants agreed upon the file format the requested Electronically Stored Information (ESI) for discovery was to be produced in, but the defendants’ production was not in the file formats specified.

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Plaintiff Ordered to Produce Facebook Photos and Messages as Discovery in Personal Injury Lawsuit – eDiscovery Case Law
 Plaintiff Ordered to Produce Facebook Photos and Messages as Discovery in Personal Injury Lawsuit – eDiscovery Case Law 150 150 CloudNine

In Forman v. Henkin, a Motion to Compel was granted in part for a defendant who requested authorization to obtain records of the plaintiff’s private postings to Facebook.

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Apple Wins Another $119.6 Million from Samsung, But It’s Only 6% of What They Requested – eDiscovery Case Law
 Apple Wins Another $119.6 Million from Samsung, But It’s Only 6% of What They Requested – eDiscovery Case Law 150 150 CloudNine

Those of you who have been waiting for significant news to report from the Apple v. Samsung litigation, your wait is over! As reported last week in The Recorder, a California Federal jury ordered Samsung on Friday to pay Apple $119.6 million for infringing three of Apple’s iPhone patents. However, the award was a fraction of the nearly $2.2 billion Apple was requesting.

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300,000 Visits on eDiscovery Daily! – eDiscovery Milestones
 300,000 Visits on eDiscovery Daily! – eDiscovery Milestones 150 150 CloudNine

While we haven’t served over 300 billion burgers like McDonald’s, we have provided something to digest each business day for over 43 months. We’re proud to announce that on Friday, eDiscovery Daily reached the 300,000 visit milestone! It took us a little over 21 months to reach 100,000 visits and just over 22 months to triple that to 300,000! When we reach key milestones, we like to take a look back at some of the recent stories we’ve covered, so, in case you missed them, here are some recent eDiscovery items of interest from the past six weeks.

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Parties’ Failure to Cooperate Sparks Denial of Defendant’s Motion to Reconsider Court Ordered Discovery – eDiscovery Case Law
 Parties’ Failure to Cooperate Sparks Denial of Defendant’s Motion to Reconsider Court Ordered Discovery – eDiscovery Case Law 150 150 CloudNine

In In Cactus Drilling Co. v. Nat’l Union Fire Ins. Co., a largely contentious discovery phase was a major contributor to the decision of Oklahoma Chief District Judge Vicki Miles LaGrange regarding the defendant’s Motion to Reconsider, or Alternately, Motion for Clarification of the Court’s Order.

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Contentious Discovery Dispute Process Leads to Ruling on “Reasonably Usable Format” for ESI – eDiscovery Case Law
 Contentious Discovery Dispute Process Leads to Ruling on “Reasonably Usable Format” for ESI – eDiscovery Case Law 150 150 CloudNine

In Castillon v. Corrections Corporation of America, Inc., Idaho District Judge Edward J. Lodge found a discovery dispute over the form of production of electronically stored information (ESI) in favor of the defendants, who had already produced the requested data in what was ruled a “reasonably usable format.”

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