Our Insights on eDiscovery

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Plaintiff Ordered to Re-Open Social Media Account for Discovery – eDiscovery Case Law
 Plaintiff Ordered to Re-Open Social Media Account for Discovery – eDiscovery Case Law 150 150 CloudNine

In Chapman v. Hiland Operating, LLC, while noting that he was “skeptical” that reactivating the plaintiff’s Facebook account would produce any relevant, noncumulative information, North Dakota Magistrate Judge Charles S. Miller ordered the plaintiff to “make a reasonable, good faith attempt” to reactivate her Facebook account.

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Want to Craft Better Searches? Use a Dictionary – eDiscovery Best Practices
 Want to Craft Better Searches? Use a Dictionary – eDiscovery Best Practices 150 150 CloudNine

On the very first day we launched this blog nearly four years ago, one of our first blog posts was called “Don’t Get ‘Wild’ with Wildcards” where we showed how a poorly constructed wildcard of “min*” to retrieve variations like “mine”, “mines” and “mining” actually retrieved over 300,000 files with hits because there are 269 words in the English language that begin with the letters “min” (such as words like “mink”, “mind”, “mint” and “minion”). So, how do you find the actual variations of the word you want? Use a dictionary.

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Wednesday LTWC 2014 Sessions – eDiscovery Trends
 Wednesday LTWC 2014 Sessions – eDiscovery Trends 150 150 CloudNine

As noted yesterday, LegalTech West Coast 2014 (LTWC) is happening this week and eDiscoveryDaily is reporting about the latest eDiscovery trends being discussed at the show. There’s still time to check out the show if you’re in the Los Angeles area with a number of sessions (both paid and free) available and at least 50 exhibitors providing information on their products and services. Here are eDiscovery-related sessions in the main conference tracks.

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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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