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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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.
read moreIn 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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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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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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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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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.
read moreIn 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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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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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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