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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Samsung and Quinn Emanuel Ordered to Pay Over $2 Million for “Patentgate” Disclosure – eDiscovery Case Law
 Samsung and Quinn Emanuel Ordered to Pay Over $2 Million for “Patentgate” Disclosure – eDiscovery Case Law 150 150 CloudNine

Remember the “patentgate” disclosure last year (by Samsung and their outside counsel firm of Quinn Emanuel Urquhart & Sullivan LLP) of confidential agreements that Apple had with Nokia? Did you think they were going to avoid having to pay for that disclosure? The answer is no.

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Court Rules in Dispute Between Parties Regarding ESI Protocol, Suggests Predictive Coding – eDiscovery Case Law
 Court Rules in Dispute Between Parties Regarding ESI Protocol, Suggests Predictive Coding – eDiscovery Case Law 150 150 CloudNine

In a dispute over ESI protocols in FDIC v. Bowden, Georgia Magistrate Judge G. R. Smith approved the ESI protocol from the FDIC and suggested the parties consider the use of predictive coding.

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EDRM Introduces Search Intent Framework – eDiscovery Trends
 EDRM Introduces Search Intent Framework – eDiscovery Trends 150 150 CloudNine

It seems that just about every month EDRM publishes a new standard or guideline for eDiscovery best practices. On Monday, they announced the release of a new Search Intent Framework.

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Farewell to IT-Lex – eDiscovery Trends
 Farewell to IT-Lex – eDiscovery Trends 150 150 CloudNine

We enjoy the opportunity to be a daily resource for eDiscovery news and analysis. There are several good resources for information about eDiscovery and legal technology, though very few of them provide new content daily. One that has been essentially doing so for the past two years is IT-Lex. Unfortunately, as of today IT-Lex has announced that they have discontinued operations.

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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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