Our Insights on eDiscovery

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

June 10, 2014

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.

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

June 9, 2014

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.

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

June 6, 2014

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.

eDiscovery at the Movies – eDiscovery Trends

June 5, 2014

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.

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

June 3, 2014

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.

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

June 2, 2014

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.

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

May 30, 2014

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.

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

May 29, 2014

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.

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

May 27, 2014

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.

Surprisingly Few States Have an Ethics Opinion Regarding Lawyer Cloud Usage – eDiscovery Best Practices

May 23, 2014

The Legal Technology Resource Center (LTRC) of the American Bar Association’s (ABA) web site has a great resource for those who want more information regarding the ethics for lawyers in using and storing client data in the cloud. Though, surprisingly few states have published ethics opinions on the topic.