Our Insights on eDiscovery

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Bad Faith Violations in Discovery Lead to Sanctions for Defendant – eDiscovery Case Law
 Bad Faith Violations in Discovery Lead to Sanctions for Defendant – eDiscovery Case Law 150 150 CloudNine

Regarding the case In re Pradaxa (Dabigatran Etexilate) Products Liability Litigation, the defendants’ repeated failure to preserve and produce documents during discovery was found to be in bad faith. The defendants were ordered to produce the documents, or to explain why they couldn’t be produced, and to pay a hefty fine plus the plaintiff’s costs and fees for pursuing discovery motions. The order left room for additional future sanctions, should the bad faith behavior continue.

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Announcing Fourth Annual LTNY Thought Leader Series! – eDiscovery Trends
 Announcing Fourth Annual LTNY Thought Leader Series! – eDiscovery Trends 150 150 CloudNine

Bad weather, travel cancellations and stolen laptops could not keep us from keeping the tradition alive. It’s time for another thought leader interview series! In our efforts to continue to bring our readers perspectives from various thought leaders throughout the eDiscovery community, eDiscoveryDaily has published several thought leader interviews over the nearly 3 1/2 years of our existence. We’re pleased to introduce the schedule for the series, which will begin next Monday, February 24.

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EDRM Updates Privacy & Security Risk Reduction Model – eDiscovery Best Practices
 EDRM Updates Privacy & Security Risk Reduction Model – eDiscovery Best Practices 150 150 CloudNine

As they announced last week, the Electronic Discovery Reference Model (EDRM) announced the reintroduction and refinement of its Privacy & Security Risk Reduction Model (PSRRM). Initially introduced last September by EDRM’s Data Set group (and covered on this blog here), the model provides a process for reducing the volume of private, protected and risky data by using a series of steps applied in sequence as part of the information management, identification, preservation and collection phases of the Electronic Discovery Reference Model.

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Effective Information Governance Takes Initiative – eDiscovery Best Practices
 Effective Information Governance Takes Initiative – eDiscovery Best Practices 150 150 CloudNine

One of the best side-benefits I get from conducting thought leader interviews for the blog is that I get to learn about new programs in the industry that promote best practices. I learned about one such new program in my thought leader interview with Jason R. Baron, Of Counsel with Drinker Biddle & Reath LLP and former long-time Director of Litigation for the U.S. National Archives and Records Administration (NARA). Through my interview with Jason, I learned that the Information Governance Initiative (IGI), a cross-disciplinary consortium and think tank focused on advancing information governance, launched last week.

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Search Process for ESI Called into Question, but Court Denies Sanctions for Plaintiff – eDiscovery Case Law
 Search Process for ESI Called into Question, but Court Denies Sanctions for Plaintiff – eDiscovery Case Law 150 150 CloudNine

In Brown v. West Corp., the plaintiff filed a motion to compel, claiming the defendant had been insufficient in its handling of searching for Electronically Stored Information (ESI) relevant to discovery. The plaintiff additionally contested a prior order from a magistrate judge, requiring the defendant to explain its search processes to the defendant. Ultimately, Nebraska Senior District Judge Lyle E. Strom denied the requested sanctions and rejected the challenge to the prior order.

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Useful eDiscovery Information Resources: Evaluating Products and Services
 Useful eDiscovery Information Resources: Evaluating Products and Services 150 150 CloudNine

This blog series – Useful eDiscovery Information Resources – is aimed at giving you information on resources available to eDiscovery professionals. Today, we will discuss resources for evaluating products and services.

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What to Do BEFORE Your Laptop is Stolen – eDiscovery Best Practices
 What to Do BEFORE Your Laptop is Stolen – eDiscovery Best Practices 150 150 CloudNine

One of the earliest blog posts I ever wrote for this blog was regarding the myth of SaaS (Software-as-a-Service) security finally being busted and that SaaS data is much more difficult to steal than desktop application data, which “could be one stolen laptop away from being compromised”. A little over three years later, I got to experience that scenario first-hand.

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Sanctions Awarded when Defendant Failed to Preserve Relevant Evidence – eDiscovery Case Law
 Sanctions Awarded when Defendant Failed to Preserve Relevant Evidence – eDiscovery Case Law 150 150 CloudNine

In Zest IP Holdings, LLC v. Implant Direct Manufacturing, LLC., California Magistrate Judge William V. Gallo granted the Plaintiff’s motion for sanctions because parties are “required to preserve evidence relevant to litigation and to prevent spoliation.” Judge Gallo found that the Defendant “failed to preserve multiple documents that are relevant to Plaintiff’s claims with the requisite culpable state of mind to support a finding of spoliation of evidence”.

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‘Discovery About Discovery’ Motions Lead to Unusual Court Decision – eDiscovery Case Law
 ‘Discovery About Discovery’ Motions Lead to Unusual Court Decision – eDiscovery Case Law 150 150 CloudNine

In Ruiz-Bueno v. Scott, a discovery dispute in this wrongful death case arose, leading Ohio Magistrate Judge Terence P. Kemp to arrive at the unusual decision to direct a party to provide ‘discovery about discovery.’

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Thursday LTNY 2014 Sessions – eDiscovery Trends
 Thursday LTNY 2014 Sessions – eDiscovery Trends 150 150 CloudNine

Hopefully you made it to LegalTech® New York 2014 (LTNY), despite the weather. It’s happening this week and this is the last day to check out the show if you’re in the New York area with a number of sessions (both paid and free) available and over 218 exhibitors providing information on their products and services. Here are some of the sessions in the main conference tracks today.

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