Our Insights on eDiscovery

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For Successful Discovery, Think Backwards – eDiscovery Best Practices
 For Successful Discovery, Think Backwards – eDiscovery Best Practices 150 150 CloudNine

The Electronic Discovery Reference Model (EDRM) has become the standard model for the workflow of the process for handling electronically stored information (ESI) in discovery. But, to succeed in discovery, regardless whether you’re the producing party or the receiving party, it might be helpful to think about the EDRM model backwards.

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Leaving Your Hard Drives in a Rental House is Negligent, Court Rules – eDiscovery Best Practices
 Leaving Your Hard Drives in a Rental House is Negligent, Court Rules – eDiscovery Best Practices 150 150 CloudNine

In Net-Com Services, Inc. v. Eupen Cable USA, Inc., the plaintiff’s destruction of evidence was negligent where its principal failed to take steps to preserve evidence he had stored in a home he rented to nonaffiliated lessees.

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Despite Missing and Scrambled Hard Drives, Court Denies Plaintiff’s Request for Sanctions – eDiscovery Case Law
 Despite Missing and Scrambled Hard Drives, Court Denies Plaintiff’s Request for Sanctions – eDiscovery Case Law 150 150 CloudNine

In Anderson v. Sullivan, a Pennsylvania court found “that no sanctions are warranted” despite the disappearance of one hard drive, “scrambling” of another hard drive and failure to produce several e-mails because the evidence was not relevant to the underlying claims and because there was no showing the defendants intentionally destroyed evidence.

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Five More Things to Know Before Moving eDiscovery to the Cloud – eDiscovery Best Practices
 Five More Things to Know Before Moving eDiscovery to the Cloud – eDiscovery Best Practices 150 150 CloudNine

Yesterday, we covered the first five items in Joel Jacob’s article in Information Management.com (10 Things to Know Before Moving E-Discovery to the Cloud), which provides an interesting checklist for those considering a move to cloud computing. Here are the remaining five items, with some comments from me.

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10 Things to Know Before Moving eDiscovery to the Cloud – eDiscovery Best Practices
 10 Things to Know Before Moving eDiscovery to the Cloud – eDiscovery Best Practices 150 150 CloudNine

Software as a Service (SaaS) accounted for 49 percent of all eDiscovery software revenues tracked in 2011, according to Gartner’s report, Market Trends: Automated, Analytical Approaches Drive the Enterprise E-Discovery Software Market. Joel Jacob’s article in Information Management.com (10 Things to Know Before Moving E-Discovery to the Cloud) provides an interesting checklist for those considering a move to cloud computing. Here they are, with some comments from me.

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Court Rejects Defendant’s “Ultra-Broad” Request, Denies Motion to Compel Production – eDiscovery Case Law
 Court Rejects Defendant’s “Ultra-Broad” Request, Denies Motion to Compel Production – eDiscovery Case Law 150 150 CloudNine

In NOLA Spice Designs, LLC v. Haydel Enters., Inc., Louisiana Magistrate Judge Joseph C. Wilkinson, Jr. denied a motion to compel a plaintiff and its principal (a third-party defendant) to produce their passwords and usernames for all websites with potentially relevant information and to compel a forensic examination of its computers.

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Can’t Agree on eDiscovery? Try Using an eMediator – eDiscovery Best Practices
 Can’t Agree on eDiscovery? Try Using an eMediator – eDiscovery Best Practices 150 150 CloudNine

The Rule 26(f) “meet and confer” conference is a requirement in Federal cases as of the rules changes of 2006 to the Federal Rules of Civil Procedure. It enables the parties in a lawsuit to discuss discovery and create a plan for the sharing of information during and before trial. But, what if you can’t agree on how discovery should be handled? Considering using an “eMediator”!

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A Model for Reducing Private Data – eDiscovery Best Practices
 A Model for Reducing Private Data – eDiscovery Best Practices 150 150 CloudNine

Since the Electronic Discovery Reference Model (EDRM) annual meeting just four short months ago in May, several EDRM projects (Metrics, Jobs, Data Set and the new Native Files project) have already announced new deliverables and/or requested feedback. Now, the Data Set project has announced another new deliverable – a new Privacy Risk Reduction Model.

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Is a Blended Document Review Rate of $466 Per Hour Excessive? – eDiscovery Case Law
 Is a Blended Document Review Rate of $466 Per Hour Excessive? – eDiscovery Case Law 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 upon last month. In the case In re Citigroup Inc. Securities Litigation, New York District Judge Sidney H. Stein rejected as unreasonable the plaintiffs’ lead counsel’s proffered blended rate of more than $400 for contract attorneys—more than the blended rate charged for associate attorneys—most of whom were tasked with routine document review work.

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eDiscovery Daily is Three Years Old!
 eDiscovery Daily is Three Years Old! 150 150 CloudNine

We’ve always been free, now we are three! It’s hard to believe that it has been three years ago today since we launched the eDiscoveryDaily blog. We’re past the “terrible twos” and heading towards pre-school. Before you know it, we’ll be ready to take our driver’s test! Here are some posts over the last six months you may have missed.

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