Our Insights on eDiscovery

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If You’re Going to Attend Just One Session at LegalTech Next Week, Make it This Session – eDiscovery Best Practices
 If You’re Going to Attend Just One Session at LegalTech Next Week, Make it This Session – eDiscovery Best Practices 150 150 CloudNine

In just a few days, there will be big happenings in the New York area! No, I’m not talking about the big game, I’m talking about the biggest legal technology event of the year, LegalTech New York (LTNY). If you’re going to be attending the conference this year (and, if not, why not?), here is a session that is a “must attend” for anyone who wants to know leading judges’ perspectives on eDiscovery rules changes and best practices.

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ESI Cost Budget Calculator – eDiscovery Best Practices
 ESI Cost Budget Calculator – eDiscovery Best Practices 150 150 CloudNine

Last month, we discussed budget calculators available from the Metrics section of the Electronic Discovery Reference Model (EDRM) web site. So far, we have reviewed three budget calculators, the E-Discovery Cost Estimator for Processing and Review, the Doc Review Cost Calculator and the EDRM UTBMS eDiscovery Code Set Calculator. Here is the fourth and final calculator (currently) on the site, the ESI Cost Budget Calculator, provided by Browning Marean, DLA Piper law firm.

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Federal Circuit Reduces Award for Defendants Based on Costs of Digital Copies – eDiscovery Case Law
 Federal Circuit Reduces Award for Defendants Based on Costs of Digital Copies – eDiscovery Case Law 150 150 CloudNine

In Phillip M. Adams & Associates, L.L.C. v. Sony Electronics Inc., a Federal Circuit court limited awards for the defendant with regard to the costs of digital copies, in a decision that followed the reasoning of the Third Circuit and Fourth Circuit in prior cases.

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Court Grants Motion to Compel Defendant to Produce Documents as Requested and Chronicle Approach – eDiscovery Case Law
 Court Grants Motion to Compel Defendant to Produce Documents as Requested and Chronicle Approach – eDiscovery Case Law 150 150 CloudNine

In Home Instead, Inc. v. Florance, following a motion to compel discovery on behalf of the plaintiff, Nebraska Magistrate Judge Cheryl R. Zwart ordered the defendant to produce documents requested during discovery and required the defendant to produce a sworn affidavit chronicling the methods used in their search for production of the discovery documents.

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LitigationWorld Quick Start Guide to Mastering eDiscovery – eDiscovery Best Practices
 LitigationWorld Quick Start Guide to Mastering eDiscovery – eDiscovery Best Practices 150 150 CloudNine

Sometimes, it seems like we’re going too fast when trying to explain eDiscovery to attorneys. At least it seems that there are a lot of attorneys that don’t understand the simplest basics. Now, a brand new guide is hoping to help change that. Earlier this month, TechnoLawyer published LitigationWorld Quick Start Guide to Mastering Ediscovery, written by Tom O’Connor, who is a nationally recognized consultant in legal technology.

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2013 eDiscovery Year in Review: eDiscovery Case Law, Part 4
 2013 eDiscovery Year in Review: eDiscovery Case Law, Part 4 150 150 CloudNine

As we noted on Thursday, Friday and yesterday, eDiscoveryDaily published 78 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to proportionality and the first half of the cases related to sanctions (yes, there were that many). Today, here are the rest of the cases related to sanctions.

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2013 eDiscovery Year in Review: eDiscovery Case Law, Part 3
 2013 eDiscovery Year in Review: eDiscovery Case Law, Part 3 150 150 CloudNine

As we noted on Thursday and Friday, eDiscoveryDaily published 78 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Friday, we looked back at cases related to production format disputes, search disputes and technology assisted review. Today, let’s take a look back at cases related to proportionality and the first half of the cases related to sanctions (yes, there were that many).

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2013 eDiscovery Year in Review: eDiscovery Case Law, Part 2
 2013 eDiscovery Year in Review: eDiscovery Case Law, Part 2 150 150 CloudNine

As we noted yesterday, eDiscoveryDaily published 78 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to admissibility and eDiscovery cost reimbursement. Today, let’s take a look back at cases related to production format disputes, search disputes and technology assisted review.

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2013 eDiscovery Year in Review: eDiscovery Case Law, Part 1
 2013 eDiscovery Year in Review: eDiscovery Case Law, Part 1 150 150 CloudNine

It’s time for our annual review of eDiscovery case law! We had more than our share of sanctions granted and denied, as well as disputes over admissibility of electronically stored information (ESI), eDiscovery cost reimbursement, production formats and search parameters, among other things. So, as we did last year and also the year before, let’s take a look back at 2013!

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Split Decision between Plaintiff and Defendant Regarding Search Terms – eDiscovery Case Law
 Split Decision between Plaintiff and Defendant Regarding Search Terms – eDiscovery Case Law 150 150 CloudNine

In Federal Deposit Insurance Corp. v. Giannoulias, Illinois District Judge John F. Grady resolved several motions regarding discovery proceedings in a $114 million lawsuit. Two of the motions concerned search terms for documents and electronically stored information (ESI), in which the plaintiff opposed the defendants’ request for six additional terms to be included in retrieving discovery documents. The court ruled that four additional search terms would be added, while two would be excluded.

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