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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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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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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