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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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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Surprisingly Few States Have an Ethics Opinion Regarding Lawyer Cloud Usage – eDiscovery Best Practices
 Surprisingly Few States Have an Ethics Opinion Regarding Lawyer Cloud Usage – eDiscovery Best Practices 150 150 CloudNine

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.

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Perhaps the Most Recognized Standard in eDiscovery Just Got a Facelift – eDiscovery Trends
 Perhaps the Most Recognized Standard in eDiscovery Just Got a Facelift – eDiscovery Trends 150 150 CloudNine

Probably the most recognized standard in a very unstandardized industry is the Electronic Discovery Reference Model (EDRM) diagram. For only the second time since it was originally published in 2006, the diagram has been updated.

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Want to Immerse Yourself in eDiscovery Knowledge? There’s Still Time – eDiscovery Best Practices
 Want to Immerse Yourself in eDiscovery Knowledge? There’s Still Time – eDiscovery Best Practices 150 150 CloudNine

One of our favorite blogs is the Ball in Your Court blog, by Craig Ball, a perennial thought leader interviewee on this blog. While catching up on his latest couple of posts, I realized that it’s almost time for the Georgetown E-Discovery Training Academy. If you’re looking for an in-depth program that not only gives you a “total immersion in the subject of eDiscovery”, but also satisfies much of your CLE requirements for the year, this program may be for you!

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Plaintiff’s Failure to Communicate with Defendants Causes Complications in Discovery – eDiscovery Case Law
 Plaintiff’s Failure to Communicate with Defendants Causes Complications in Discovery – eDiscovery Case Law 150 150 CloudNine

In Procaps S.A. v. Patheon Inc., the defendants filed a Motion to Compel over search terms for Electronically Stored Information (ESI), after the lead counsel for the plaintiffs repeatedly demonstrated uncooperative behavior by not responding to emails sent by defendants’ counsel, or responding with brief and unclear messages.

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The Mergers and Acquisitions Keep on Coming – eDiscovery Trends
 The Mergers and Acquisitions Keep on Coming – eDiscovery Trends 150 150 CloudNine

As the saying goes, “You can’t tell the players without a scorecard!” It has been close to two years since we looked at the mergers, acquisitions and investments in the eDiscovery industry, so it seems like a good time for an update. Here are a couple of resources for keeping up with eDiscovery industry changes in the provider community.

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Another Instance Where Word is Not So Smart – eDiscovery Best Practices
 Another Instance Where Word is Not So Smart – eDiscovery Best Practices 150 150 CloudNine

Way back within the first couple of months after this blog was launched, we discussed those stupid “smart quotes” in Microsoft® Word where Word, by default, automatically changes straight quotation marks ( ‘ or ” ) to curly quotes as you type. There’s another way where Word isn’t so smart, unless you know the workaround, which I just learned this week.

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