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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eDiscovery Throwback Thursdays – Collecting Documents
 eDiscovery Throwback Thursdays – Collecting Documents 150 150 CloudNine

In 1978, I took my first job in litigation, with the law department of a Fortune 100 corporation headquartered in New York City. I was one of a team assembled to collect responsive documents to be produced in a major antitrust litigation. The documents were located in the corporation’s office and warehouse facilities around the country. While the process of collecting documents varied from case to case, this project was representative of the general approach to collecting documents in large-scale litigation. Let me describe how it worked.

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Texas Supreme Court Reverses Spoliation Ruling, Remands Case for New Trial – eDiscovery Case Law
 Texas Supreme Court Reverses Spoliation Ruling, Remands Case for New Trial – eDiscovery Case Law 150 150 CloudNine

In Brookshire Bros., Ltd. v. Aldridge, the Supreme Court of Texas determined “that imposition of the severe sanction of a spoliation instruction was an abuse of discretion” in the trial court, reversed the court of appeals’ judgment and remanded the case for a new trial.

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Failure to Preserve Cloud-Based Data Results in Severe Sanction for Defendant – eDiscovery Case Law
 Failure to Preserve Cloud-Based Data Results in Severe Sanction for Defendant – eDiscovery Case Law 150 150 CloudNine

In Brown v. Tellermate Holdings, Magistrate Judge Terence Kemp granted plaintiffs’ motion for judgment and motion to strike, ruling that the defendant could not “present or rely upon evidence that it terminated the Browns’ employment for performance-related reasons” and enabling the plaintiffs to use documents produced by the defendant “designated as attorneys’-eyes-only” to be used by the plaintiffs “without restriction”, due to the defendant’s failure to preserve or produce data from their Salesforce.com database.

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Here is a “Mashup” of eDiscovery Market Estimates – eDiscovery Trends
 Here is a “Mashup” of eDiscovery Market Estimates – eDiscovery Trends 150 150 CloudNine

Last Friday, we profiled one eDiscovery market estimate that predicts that the eDiscovery market will reach $15.65 billion by 2020. Now, here’s a “mashup” of other estimates, courtesy of Rob Robinson.

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eDiscovery Market Predicted to Reach $15.65 Billion by 2020 – eDiscovery Trends
 eDiscovery Market Predicted to Reach $15.65 Billion by 2020 – eDiscovery Trends 150 150 CloudNine

Is the eDiscovery industry still growing? According to one research firm, the answer is a resounding yes.

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eDiscovery Throwback Thursdays – Circa 1978, We Lived in a World of Paper
 eDiscovery Throwback Thursdays – Circa 1978, We Lived in a World of Paper 150 150 CloudNine

Back before desktops, laptops and tablets, the business world meant paper. Lots of paper. And that meant that litigation preparation activities revolved around paper. Here’s how the phases of discovery were handled, prior to the early 1980s.

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Transparency Reports for Other Companies – Social Tech eDiscovery
 Transparency Reports for Other Companies – Social Tech eDiscovery 150 150 CloudNine

Over the past couple of weeks, we’ve taken a fresh look at Twitter’s Law Enforcement Policies and their latest Transparency Report to show government requests for data, looked at (for the first time) LinkedIn’s Privacy and Law Enforcement Data Request Guidelines and Transparency Report and, yesterday, looked at Facebook’s policies and Government Request Reports. Today, we will look at Transparency Reports for other companies.

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Facebook’s Policies and Government Request Reports – Social Tech eDiscovery
 Facebook’s Policies and Government Request Reports – Social Tech eDiscovery 150 150 CloudNine

Two weeks ago, we took a fresh look at Twitter’s Law Enforcement Policies and their latest Transparency Report to show government requests for data, then last week (for the first time), we looked at LinkedIn’s Privacy and Law Enforcement Data Request Guidelines and Transparency Report. This week, we’ll take a look at Facebook’s policies and Government Request Reports.

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Court Denies Sanctions for Deletion of “Smoking Gun” Email, Grants Defendants’ Motion for Summary Judgment – eDiscovery Case Law
 Court Denies Sanctions for Deletion of “Smoking Gun” Email, Grants Defendants’ Motion for Summary Judgment – eDiscovery Case Law 150 150 CloudNine

In the case In re Text Messaging Antitrust Litig., Illinois District Judge Matthew F. Kennelly not only denied the plaintiffs’ request for an adverse inference sanction against the defendants for destroying emails, but also granted the defendants’ motion for summary judgment, as the plaintiffs failed to provide any supporting circumstantial evidence to meet their burden of proof.

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Court Orders Sharing of Costs for Forensic Examination of Plaintiff’s Emails – eDiscovery Case Law
 Court Orders Sharing of Costs for Forensic Examination of Plaintiff’s Emails – eDiscovery Case Law 150 150 CloudNine

In Zeller v. So. Central Emergency Med. Servs. Inc., Pennsylvania Magistrate Judge Karoline Mehalchick used the Zubulake seven factor test to rule that the costs for restoring and searching the plaintiff’s emails should be shared, up to a maximum contribution by $1,500 by the plaintiff.

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