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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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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Crispin v. Christian Audigier Inc. – eDiscovery Replay
 Crispin v. Christian Audigier Inc. – eDiscovery Replay 150 150 CloudNine

Discoverability of social media content has been a big topic, with several cases addressing the issue. Here’s a look back at Crispin v. Christian Audigier Inc., which addresses whether ‘private’ data on social networks is discoverable.

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Does Size Matter? – eDiscovery Replay
 Does Size Matter? – eDiscovery Replay 150 150 CloudNine

I frequently get asked how big does an ESI collection need to be to benefit from eDiscovery technology. In a recent case with one of my clients, the client had a fairly small collection – only about 4 GB. But, when a judge ruled that they had to start conducting depositions in a week, they needed to review that data in a weekend. Without the ability to cull the data and using OnDemand® to manage the linear review, they would not have been able to make that deadline. So, they clearly benefited from the use of eDiscovery technology in that case. But, if you’re not facing a tight deadline, how large does your collection need to be for the use of eDiscovery technology to provide benefits?

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The Number of Pages in Each Gigabyte Can Vary Widely – eDiscovery Replay
 The Number of Pages in Each Gigabyte Can Vary Widely – eDiscovery Replay 150 150 CloudNine

A while back, we talked about how the average number of pages in each gigabyte is approximately 50,000 to 75,000 pages and that each gigabyte effectively culled out can save $18,750 in review costs. But, did you know just how widely the number of pages per gigabyte can vary?

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The Ubiquitous Apple Samsung Case and “Patentgate” – eDiscovery Case Law
 The Ubiquitous Apple Samsung Case and “Patentgate” – eDiscovery Case Law 150 150 CloudNine

When something gets the “gate” suffix added to it, that’s not a good thing. It’s hard to believe that a case can get more intense than when a billion dollar verdict is awarded (later reduced to a measly $599 million), but the Apple v. Samsung case seems to only be getting more intense, due to the disclosure of confidential agreements that Apple had with Nokia, Ericsson, Sharp and Philips – now widely referred to as “patentgate”.

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Another New Deliverable from EDRM – eDiscovery Trends
 Another New Deliverable from EDRM – eDiscovery Trends 150 150 CloudNine

Do you know what container files are? How about the L600 Code Series? Do you know common methods for culling data? What about the difference between a targeted and non-targeted collection strategy? If you don’t know the answer to these and many other questions related to eDiscovery, you should check out the latest deliverable from the Electronic Discovery Reference Model (EDRM) Metrics team, the EDRM Metrics Glossary.

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Here’s a New eDiscovery Market Projection That’s Absolutely Rad(icati) – eDiscovery Trends
 Here’s a New eDiscovery Market Projection That’s Absolutely Rad(icati) – eDiscovery Trends 150 150 CloudNine

The Radicati Group, Inc. has just released its latest study, eDiscovery Market, 2013-2017, that offers an in-depth analysis of the worldwide market for eDiscovery software solutions. According to their study, the market for eDiscovery solutions will grow quite a bit over the next four years!

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