Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.

Judge Grimm Shows that Discovery Doesn’t Have to Be…Grim – eDiscovery Best Practices

On the day this blog debuted, we covered one of the most well-known cases related to discovery abuses (Victor Stanley, Inc. v. Creative Pipe, Inc.), where Maryland District Judge Paul W. Grimm included in his order a provision that the defendant actually be “imprisoned for a period not to exceed two years” if he didn’t pay the plaintiff the attorney’s fees and costs to be awarded. Now, Judge Grimm provides a new Discovery Order that sets requirements for attorneys in his court to conduct discovery in a proportional manner.

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September/October Pop Quiz! – eDiscovery Trends

We neglected to give you a pop quiz last month? Oops! Like we did for July and August, here is a pop quiz for the topics we covered in September and October. If you’re reading the blog each day, these questions should be easy, but, yes, we still provide a link to the post with the answer if you need it. 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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Are You Scared Yet? – eDiscovery Horrors!

Today is Halloween. Every year at this time, because (after all) we’re an eDiscovery blog, we try to “scare” you with tales of eDiscovery horrors. So, I have one question: Are you scared yet?

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Plaintiffs’ Supreme Effort to Recuse Judge Peck in Da Silva Moore Denied – eDiscovery Case Law

As we discussed back in July, attorneys representing lead plaintiff Monique Da Silva Moore and five other employees filed a petition for a writ of certiorari with the US Supreme Court arguing that New York Magistrate Judge Andrew Peck, who approved an eDiscovery protocol agreed to by the parties that included predictive coding technology, should have recused himself given his previous public statements expressing strong support of predictive coding. Earlier this month, on October 7, that petition was denied by the Supreme Court.

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What is “Reduping?” – eDiscovery Explained

As emails are sent out to multiple custodians, deduplication (or “deduping”) has become a common practice to eliminate multiple copies of the same email or file from the review collection, saving considerable review costs and ensuring consistency by not having different reviewers apply different responsiveness or privilege determinations to the same file. Everyone who works in electronic discovery knows what “deduping” is. But how many of you know what “reduping” is?

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Court Denies Plaintiff’s Request for Native Production, Allows PDFs Instead – eDiscovery Case Law

In Westdale Recap Props. v. Np/I&G Wakefield Commons, North Carolina Magistrate Judge James E. Gates upheld the plaintiff’s motion to compel the defendants to conduct supplemental searches and production, but denied the plaintiff’s motion with regard to requiring the defendant to produce ESI in native format, instead finding that “production in the form of searchable PDF’s is sufficient”.

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