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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September/October Pop Quiz! – eDiscovery Trends
 September/October Pop Quiz! – eDiscovery Trends 150 150 CloudNine

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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EDRM Publishes Collection Standards – eDiscovery Trends
 EDRM Publishes Collection Standards – eDiscovery Trends 150 150 CloudNine

On the heels of announcing a transition to nonprofit status by May 2014, the Electronic Discovery Reference Model (EDRM) has now introduced Collection Standards for electronically stored information (ESI) for public comment.

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Are You Scared Yet? – eDiscovery Horrors!
 Are You Scared Yet? – eDiscovery Horrors! 150 150 CloudNine

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
 Plaintiffs’ Supreme Effort to Recuse Judge Peck in Da Silva Moore Denied – eDiscovery Case Law 150 150 CloudNine

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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Transitional Times for Two Big Names in eDiscovery – eDiscovery Trends
 Transitional Times for Two Big Names in eDiscovery – eDiscovery Trends 150 150 CloudNine

The more things change, the more they stay the same. Even for popular entities such as EDRM and the eDJ Group.

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What is “Reduping?” – eDiscovery Explained
 What is “Reduping?” – eDiscovery Explained 150 150 CloudNine

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
 Court Denies Plaintiff’s Request for Native Production, Allows PDFs Instead – eDiscovery Case Law 150 150 CloudNine

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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Want to Know How Fast Data is Growing? Get Your Ticker Here – eDiscovery Trends
 Want to Know How Fast Data is Growing? Get Your Ticker Here – eDiscovery Trends 150 150 CloudNine

If you’ve ever been to Manhattan in New York City, you may have seen the National Debt Clock that provides a “ticker” which keeps track of how fast the national debt is growing and each American family’s share of the debt. It’s a sobering number these days. But, did you know there is also a ticker available to show how fast the Digital Universe (of data in the world) is growing?

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Someone Else’s Money – eDiscovery Best Practices
 Someone Else’s Money – eDiscovery Best Practices 150 150 CloudNine

Leave it to Craig Ball to liken lawyers’ delegation of eDiscovery to Prince Akeem’s “royal backside wipers” in the Eddie Murphy movie Coming to America.

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Use of Model Order Doesn’t Avoid Discovery Disputes – eDiscovery Trends
 Use of Model Order Doesn’t Avoid Discovery Disputes – eDiscovery Trends 150 150 CloudNine

In MediaTek, Inc. v. Freescale Semiconductor, Inc., when the parties could not agree on search terms, California Magistrate Judge Jacqueline Scott Corley ordered one party to run test searches before lodging objections and required both parties to meet and confer before approaching the court with further discovery disputes.

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