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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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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If Your Documents Are Not Logical, Discovery Won’t Be Either – eDiscovery Best Practices
 If Your Documents Are Not Logical, Discovery Won’t Be Either – eDiscovery Best Practices 150 150 CloudNine

Scanning may no longer be cool, but it’s still necessary. Electronic discovery still typically includes a paper component. When it comes to paper, how documents are identified is critical to how useful they will be. Here’s an example.

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Defendant Failure to Produce in Agreed Upon Format Leads to Dispute with Plaintiffs – eDiscovery Case Law
 Defendant Failure to Produce in Agreed Upon Format Leads to Dispute with Plaintiffs – eDiscovery Case Law 150 150 CloudNine

In EEOC v. SVT, LLC, discovery disputes arose when the plaintiffs and defendants agreed upon the file format the requested Electronically Stored Information (ESI) for discovery was to be produced in, but the defendants’ production was not in the file formats specified.

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Plaintiff Ordered to Produce Facebook Photos and Messages as Discovery in Personal Injury Lawsuit – eDiscovery Case Law
 Plaintiff Ordered to Produce Facebook Photos and Messages as Discovery in Personal Injury Lawsuit – eDiscovery Case Law 150 150 CloudNine

In Forman v. Henkin, a Motion to Compel was granted in part for a defendant who requested authorization to obtain records of the plaintiff’s private postings to Facebook.

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