Our Insights on eDiscovery

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

July 29, 2014

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.

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

July 28, 2014

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.

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

July 25, 2014

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

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

July 24, 2014

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.

Transparency Reports for Other Companies – Social Tech eDiscovery

July 23, 2014

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.

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

July 22, 2014

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.

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

July 21, 2014

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.

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

July 18, 2014

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.

eDiscovery History: Welcome to Throw-back Thursdays!

July 17, 2014

I was recently teaching a project management class at a large law firm, and a student mentioned that he was working on a case that involved a very old document collection, some of which only existed on microfiche. He asked me for advice on managing the conversion of those documents and incorporating them into his bigger-picture project.

LinkedIn’s Transparency Report – Social Tech eDiscovery

July 16, 2014

Yesterday, we talked about LinkedIn’s Privacy and Law Enforcement Data Request Guidelines. Like Twitter and other social media companies, LinkedIn also discloses a semi-annual Transparency Report to inform the public of the frequency and type of government requests the company receives regarding member data. Let’s take a look.