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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How Big is Your ESI Collection, Really? – eDiscovery Best Practices
 How Big is Your ESI Collection, Really? – eDiscovery Best Practices 150 150 CloudNine

After identifying custodians relevant to the case and collecting files from each, you’ve collected roughly 100 gigabytes (GB) of Microsoft Outlook email PST files and loose electronic files from the custodians. You identify a vendor to process the files to load into a review tool, so that you can perform review and produce the files to opposing counsel. After processing, the vendor sends you a bill – and they’ve charged you to process over 200 GB!! Are they trying to overbill you?

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Permissive Adverse Inference Instruction Upheld on Appeal – eDiscovery Case Law
 Permissive Adverse Inference Instruction Upheld on Appeal – eDiscovery Case Law 150 150 CloudNine

In Mali v. Federal Insurance Co., the Second Circuit explained the distinctions between two types of adverse inference instructions: a sanction for misconduct versus an explanatory instruction that details the jury’s fact-finding abilities. Because the lower court opted to give a permissive adverse inference instruction, which is not a punishment, the court did not err by not requiring the defendant to show that the plaintiffs acted with a culpable state of mind.

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Thursday’s ILTA Sessions – eDiscovery Trends
 Thursday’s ILTA Sessions – eDiscovery Trends 150 150 CloudNine

As noted the last three days, the International Legal Technology Association (ILTA) annual educational conference of 2013 is happening this week and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. Today is your last chance(!) to check out the show if you’re in the Las Vegas area with a number of sessions available and over 180(!) exhibitors providing information on their products and services. Here are today’s sessions in the main conference tracks related to litigation support and eDiscovery.

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Wednesday’s ILTA Sessions – eDiscovery Trends
 Wednesday’s ILTA Sessions – eDiscovery Trends 150 150 CloudNine

As noted Monday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2013 is happening this week and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. There’s still time to check out the show if you’re in the Las Vegas area with a number of sessions available and over 180(!) exhibitors providing information on their products and services. Here are today’s sessions in the main conference tracks related to litigation support and eDiscovery.

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Tuesday’s ILTA Sessions – eDiscovery Trends
 Tuesday’s ILTA Sessions – eDiscovery Trends 150 150 CloudNine

As noted yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2013 is happening this week and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. There’s still time to check out the show if you’re in the Las Vegas area with a number of sessions available and over 180(!) exhibitors providing information on their products and services. Here are today’s sessions in the main conference tracks related to litigation support and eDiscovery.

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Welcome to ILTA 2013! – eDiscovery Trends
 Welcome to ILTA 2013! – eDiscovery Trends 150 150 CloudNine

As we previewed on Friday, the International Legal Technology Association (ILTA) annual educational conference of 2013 kicked off yesterday with several networking events, and begins in earnest today with the first day of sessions. eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. Over the next four days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered.

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ILTA: A Catalyst to Legal Technology Education – eDiscovery Trends
 ILTA: A Catalyst to Legal Technology Education – eDiscovery Trends 150 150 CloudNine

For over three decades, the International Legal Technology Association has led the way in sharing knowledge and experience for those faced with challenges in their firms and legal departments. As part of that effort, they conduct an educational conference each year to provide information to legal technology professionals. That conference (ILTA 2013: The Catalyst) is next week in Las Vegas at Caesars Palace. Here’s a preview.

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Default Judgment Sanction Upheld on Appeal – eDiscovery Case Law
 Default Judgment Sanction Upheld on Appeal – eDiscovery Case Law 150 150 CloudNine

In Stooksbury v. Ross, the Sixth Circuit upheld the entry of default judgment as a sanction against defendants that repeatedly failed to comply with discovery obligations, including producing a “document dump” of tens of thousands of pages of nonresponsive information that prejudiced the plaintiffs.

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EDRM Wants You! – eDiscovery Trends
 EDRM Wants You! – eDiscovery Trends 150 150 CloudNine

A lot is happening in the Electronic Discovery Reference Model (EDRM) group lately and this blog has reported several accomplishments in just the last few months. With so much going on, you would think they don’t need any help to get things done, but, in fact, EDRM wants your help.

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Uninformed Attorneys Are Not in Kansas Anymore – eDiscovery Trends
 Uninformed Attorneys Are Not in Kansas Anymore – eDiscovery Trends 150 150 CloudNine

“Since March 2012, the U.S. District Court for the District of Kansas has been involved in an intense effort to find ways to ensure that civil litigation actually is handled in the “just, speedy, and inexpensive” manner contemplated by Rule 1 of the Federal Rules of Civil Procedure.” That quote is from a Rule 1 Task Force Update, issued by the U.S. District Court in Kansas regarding efforts to create newly released guidelines for electronic data discovery.

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