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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Court Declines to Impose Default Judgment, But Orders Searchable Production and Extends Deadlines – eDiscovery Case Law
 Court Declines to Impose Default Judgment, But Orders Searchable Production and Extends Deadlines – eDiscovery Case Law 150 150 CloudNine

In Kwan Software Engineering, Inc. v. the defendant Technologies, LLC, California District Judge Susan Illston denied the plaintiff’s motion for terminating sanctions against the defendant for late, non-searchable productions, but did order the defendant to produce documents in a searchable format with metadata and extended the pretrial schedule so that the plaintiff would not be prejudiced by the late productions.

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Moneycase: Should Your Law Practice Be Run Like a Baseball Team? — eDiscovery Trends
 Moneycase: Should Your Law Practice Be Run Like a Baseball Team? — eDiscovery Trends 150 150 CloudNine

Remember the movie Moneyball (adapted from the book of the same name) about Oakland A’s general manager Billy Beane’s use of computer-generated analytics to pick his players to successfully assemble a baseball team that advanced to the baseball playoffs while spending a fraction of the budget as other teams? Can law firms learn from that example?

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He Sees You When You’re Sleeping — eDiscovery Trends
 He Sees You When You’re Sleeping — eDiscovery Trends 150 150 CloudNine

A recent post in the Law Librarians Blog illustrates not only the different ways in which personal data can be captured, but also the continued growth of devices that might contain that data.

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November Pop Quiz Answers! – eDiscovery Trends
 November Pop Quiz Answers! – eDiscovery Trends 150 150 CloudNine

Yesterday, we gave you a pop quiz for the topics we’ve covered in November. If you’re reading the blog each day, these questions should be easy! Let’s see how you did. Here are the answers.

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November Pop Quiz! – eDiscovery Trends
 November Pop Quiz! – eDiscovery Trends 150 150 CloudNine

Did you think we forgot to quiz you about last month’s topics? Thankfully, no! Like we did for July, August and September/October, here is a pop quiz for the topics we covered in November. If you’re reading the blog each day, these questions should be easy! If not, we’ve provided a link to the post with the answer. We’re that nice. Test your knowledge! Tomorrow, we’ll post the answers for those who don’t know and didn’t look them up.

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Requesting Discovery in the Modern Age – eDiscovery Best Practices
 Requesting Discovery in the Modern Age – eDiscovery Best Practices 150 150 CloudNine

Leave it to Craig Ball to break down requests for production of electronically stored information (ESI) in a simple and straightforward manner. In his new article on Law Technology News (Modern E-Discovery Requests), he describes six “challenges” to “help litigators lose the boilerplate and write requests as sleek and modern as ESI itself”.

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Samsung Again Owes Apple Almost $1 Billion, Sanction Deadline Nears – eDiscovery Case Law
 Samsung Again Owes Apple Almost $1 Billion, Sanction Deadline Nears – eDiscovery Case Law 150 150 CloudNine

The news continues to get worse for Samsung Electronics Co. in its colossal legal battle with Apple Inc. A California federal jury ruled on November 21 that Samsung owes Apple $290.5 million for selling mobile devices that infringed five iPhone and iPad patents, bringing the total awarded for infringing on Apple products to almost $930 million.

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Duty to Preserve Triggered When Litigation is "Imminent", Not "Reasonably Foreseeable" – eDiscovery Case Law
 Duty to Preserve Triggered When Litigation is "Imminent", Not "Reasonably Foreseeable" – eDiscovery Case Law 150 150 CloudNine

In the case In re Pradaxa (Dabigatran Etexilate) Products Liability Litigation, Chief District Judge David R. Herndon ruled that at least in the Seventh Circuit, the duty to preserve is triggered not when litigation is “reasonably foreseeable” but when “a litigant knew or should have known that litigation was imminent.”

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Cost-Shifting Inappropriate when Data is Kept in an Accessible Format – eDiscovery Case Law
 Cost-Shifting Inappropriate when Data is Kept in an Accessible Format – eDiscovery Case Law 150 150 CloudNine

In Novick v. AXA Network, New York Magistrate Judge Kevin Nathaniel Fox ruled that cost-shifting was inappropriate where data was kept in an accessible format.

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Is a Blended Document Review Rate of $466 Per Hour Excessive? – eDiscovery Replay
 Is a Blended Document Review Rate of $466 Per Hour Excessive? – eDiscovery Replay 150 150 CloudNine

Remember when we raised the question as to whether it is time to ditch the per hour model for document review? One of the cases we highlighted for perceived overbilling was ruled recently.

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