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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Company Should Have Preserved Personal eMails, But No Sanctions (Yet) – eDiscovery Case Law
 Company Should Have Preserved Personal eMails, But No Sanctions (Yet) – eDiscovery Case Law 150 150 CloudNine

In Puerto Rico Telephone Co. v. San Juan Cable LLC, Puerto Rico Magistrate Judge Bruce J. McGiverin found that “plaintiff has proffered sufficient evidence to establish that [the defendant] OneLink failed to preserve relevant emails within its control”, but denied the plaintiff’s request for sanctions at this time because of the “absence of bad faith” on the defendant’s part and the plaintiff’s failure to demonstrate prejudice.

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Court Orders Plaintiff to Perform Some Requested Searches Despite the Plaintiff’s Claim that they’re “Unprecedented” – eDiscovery Case Law
 Court Orders Plaintiff to Perform Some Requested Searches Despite the Plaintiff’s Claim that they’re “Unprecedented” – eDiscovery Case Law 150 150 CloudNine

In Swanson v. ALZA Corp., California Magistrate Judge Kandis A. Westmore granted in part and denied in part the defendant’s request to compel the plaintiff to apply its search terms to his ESI, ordering some of the search terms to be performed, despite the plaintiff’s assertion that the “the application of Boolean searches was unprecedented”.

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Vorys Project Ballpark Cost Estimator for ESI Processing and Review – eDiscovery Best Practices
 Vorys Project Ballpark Cost Estimator for ESI Processing and Review – eDiscovery Best Practices 150 150 CloudNine

On Tuesday, we discussed budget calculators available from the Metrics section of the Electronic Discovery Reference Model (EDRM) web site. Today, we will begin a more in-depth discussion of the budget calculators, beginning with the E-Discovery Cost Estimator for Processing and Review workbook provided by Julie Brown at Vorys law firm.

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Want to Estimate your eDiscovery Budget? Use One of These Calculators – eDiscovery Best Practices
 Want to Estimate your eDiscovery Budget? Use One of These Calculators – eDiscovery Best Practices 150 150 CloudNine

It has been a busy year for the Electronic Discovery Reference Model (EDRM). In addition to announcing a transition to nonprofit status by May 2014, since the May annual meeting, several EDRM projects have already announced new deliverables and/or requested feedback. Now, another resource is available via the EDRM site – Budget Calculators!

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Without Meet and Confer Approval of its “Triangulating” Approach to Discovery, Defendant Ordered to Supplement Production – eDiscovery Case Law
 Without Meet and Confer Approval of its “Triangulating” Approach to Discovery, Defendant Ordered to Supplement Production – eDiscovery Case Law 150 150 CloudNine

In Banas v. Volcano Corp., California District Judge William H. Orrick determined that a defendant’s approach to discovery in which identifying the relevant documents by “triangulating” the defendant’s employees wasn’t discussed with the plaintiff beforehand in a meet and confer. Despite the fact that the court did “not find that defendant’s production technique was unreasonable”, the defendant was ordered to supplement its responses since the approach wasn’t discussed and it left out multiple deponents.

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The Categories Are… – eDiscovery Trends
 The Categories Are… – eDiscovery Trends 150 150 CloudNine

Alex Trebek has been uttering the phrase “the categories are” for years on the popular game show Jeopardy®. But, do you know how to take advantage of the “Categories” feature on this blog?

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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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