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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Richard G. Braman: 1953 – 2014
 Richard G. Braman: 1953 – 2014 150 150 CloudNine

I learned from Ralph Losey’s excellent blog, e-Discovery Team ®, that Richard Braman, the Founder and Executive Director Emeritus of The Sedona Conference®, passed away on Monday after battling an extended illness. He was only 60 years old.

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The Pitfalls of Self-Culling and Image Files – eDiscovery Best Practices
 The Pitfalls of Self-Culling and Image Files – eDiscovery Best Practices 150 150 CloudNine

There’s a common mistake that organizations make when collecting their own files to turn over for discovery purposes. Many attorneys turn over the collection of potentially responsive files to the individual custodians of those files, or to someone in the organization responsible for collecting those files (typically, an IT person) and the self-collection involves “self-culling” through the use of search terms. When this happens, important files can be missed.

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Court Rules that Unilateral Predictive Coding is Not Progressive – eDiscovery Case Law
 Court Rules that Unilateral Predictive Coding is Not Progressive – eDiscovery Case Law 150 150 CloudNine

In In Progressive Cas. Ins. Co. v. Delaney, Nevada Magistrate Judge Peggy A. Leen determined that the plaintiff’s unannounced shift from the agreed upon discovery methodology, to a predictive coding methodology for privilege review was not cooperative. Therefore, the plaintiff was ordered to produce documents that met agreed-upon search terms without conducting a privilege review first.

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Government Ordered to Maintain Expensive Custom Database Shared with Criminal Defendant – eDiscovery Case Law
 Government Ordered to Maintain Expensive Custom Database Shared with Criminal Defendant – eDiscovery Case Law 150 150 CloudNine

In the criminal case of United States v. Shabudin, California Magistrate Judge Nandor J. Vadas ordered the Government to continue to provide access to a Relativity Database used by the parties to review documents produced by the Government, instead of discontinuing access for the defendants several weeks before trial was to begin due to budgetary issues.

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eDiscovery at the Movies – eDiscovery Trends
 eDiscovery at the Movies – eDiscovery Trends 150 150 CloudNine

While we don’t have Siskel & Ebert around to review movies anymore, there is a new documentary that will certainly merit review by many eDiscovery professionals out there.

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Here’s a Chance to Help Shape the Future of Information Governance – eDiscovery Trends
 Here’s a Chance to Help Shape the Future of Information Governance – eDiscovery Trends 150 150 CloudNine

Back on Valentine’s Day, we discussed the launching of the Information Governance Initiative (IGI), a cross-disciplinary consortium and think tank focused on advancing information governance. The IGI has been busy, with two of its co-chairs, Bennett B. Borden & Jason R. Baron, having written a recent report on predictive analytics for information governance. Now, the IGI is inviting you to help shape the future of information governance by participating in the IGI’s 2014 Annual Survey.

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Plaintiffs Denied Motion to Depose Defendants Regarding ESI Processes Prior to Discovery Requests – eDiscovery Case Law
 Plaintiffs Denied Motion to Depose Defendants Regarding ESI Processes Prior to Discovery Requests – eDiscovery Case Law 150 150 CloudNine

In Miller v. York Risk Servs. Grp., Arizona Senior District Judge John W. Sedwick denied the plaintiffs’ Motion to Compel, requesting permission to conduct depositions in order to determine the defendant’s manner and methods used for storing and maintaining Electronically Stored Information (ESI) prior to submitting their discovery requests.

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Another Case Where Some eDiscovery Costs are Disallowed – eDiscovery Case Law
 Another Case Where Some eDiscovery Costs are Disallowed – eDiscovery Case Law 150 150 CloudNine

In Kwan Software Engineering v. Foray Technologies, the amount of the defendant’s previously awarded costs were significantly reduced following the partial granting of the plaintiff’s Motion for Review of Clerk’s Taxation of Costs, after California District Judge Susan Illston ruled that the majority of the costs requested were not recoverable.

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Everything You Wanted to Know about Forms of Production, Don’t Be Afraid to Ask – eDiscovery Best Practices
 Everything You Wanted to Know about Forms of Production, Don’t Be Afraid to Ask – eDiscovery Best Practices 150 150 CloudNine

Last week, we discussed the upcoming Georgetown E-Discovery Training Academy, which will be held starting this Sunday and mentioned in Craig Ball’s excellent blog, Ball in Your Court. His latest post offers a very comprehensive guide to forms of production that covers all aspects of forms of production from the different types of forms to how to request electronically stored information (ESI) from opposing counsel.

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Defendants – and Defendants’ Counsel – Sanctioned for Delays in Producing ESI – eDiscovery Case Law
 Defendants – and Defendants’ Counsel – Sanctioned for Delays in Producing ESI – eDiscovery Case Law 150 150 CloudNine

In Knickerbocker v Corinthian Colleges, Washington District Judge James L. Robart imposed sanctions against the defendants and the defendants’ counsel for their delays in producing Electronically Stored Information (ESI) during discovery, despite the fact that spoliation of evidence was ultimately avoided.

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