Our Insights on eDiscovery

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Despite Missing and Scrambled Hard Drives, Court Denies Plaintiff’s Request for Sanctions – eDiscovery Case Law
 Despite Missing and Scrambled Hard Drives, Court Denies Plaintiff’s Request for Sanctions – eDiscovery Case Law 150 150 CloudNine

In Anderson v. Sullivan, a Pennsylvania court found “that no sanctions are warranted” despite the disappearance of one hard drive, “scrambling” of another hard drive and failure to produce several e-mails because the evidence was not relevant to the underlying claims and because there was no showing the defendants intentionally destroyed evidence.

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Five More Things to Know Before Moving eDiscovery to the Cloud – eDiscovery Best Practices
 Five More Things to Know Before Moving eDiscovery to the Cloud – eDiscovery Best Practices 150 150 CloudNine

Yesterday, we covered the first five items in Joel Jacob’s article in Information Management.com (10 Things to Know Before Moving E-Discovery to the Cloud), which provides an interesting checklist for those considering a move to cloud computing. Here are the remaining five items, with some comments from me.

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10 Things to Know Before Moving eDiscovery to the Cloud – eDiscovery Best Practices
 10 Things to Know Before Moving eDiscovery to the Cloud – eDiscovery Best Practices 150 150 CloudNine

Software as a Service (SaaS) accounted for 49 percent of all eDiscovery software revenues tracked in 2011, according to Gartner’s report, Market Trends: Automated, Analytical Approaches Drive the Enterprise E-Discovery Software Market. Joel Jacob’s article in Information Management.com (10 Things to Know Before Moving E-Discovery to the Cloud) provides an interesting checklist for those considering a move to cloud computing. Here they are, with some comments from me.

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Court Rejects Defendant’s “Ultra-Broad” Request, Denies Motion to Compel Production – eDiscovery Case Law
 Court Rejects Defendant’s “Ultra-Broad” Request, Denies Motion to Compel Production – eDiscovery Case Law 150 150 CloudNine

In NOLA Spice Designs, LLC v. Haydel Enters., Inc., Louisiana Magistrate Judge Joseph C. Wilkinson, Jr. denied a motion to compel a plaintiff and its principal (a third-party defendant) to produce their passwords and usernames for all websites with potentially relevant information and to compel a forensic examination of its computers.

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Can’t Agree on eDiscovery? Try Using an eMediator – eDiscovery Best Practices
 Can’t Agree on eDiscovery? Try Using an eMediator – eDiscovery Best Practices 150 150 CloudNine

The Rule 26(f) “meet and confer” conference is a requirement in Federal cases as of the rules changes of 2006 to the Federal Rules of Civil Procedure. It enables the parties in a lawsuit to discuss discovery and create a plan for the sharing of information during and before trial. But, what if you can’t agree on how discovery should be handled? Considering using an “eMediator”!

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A Model for Reducing Private Data – eDiscovery Best Practices
 A Model for Reducing Private Data – eDiscovery Best Practices 150 150 CloudNine

Since the Electronic Discovery Reference Model (EDRM) annual meeting just four short months ago in May, several EDRM projects (Metrics, Jobs, Data Set and the new Native Files project) have already announced new deliverables and/or requested feedback. Now, the Data Set project has announced another new deliverable – a new Privacy Risk Reduction Model.

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Is a Blended Document Review Rate of $466 Per Hour Excessive? – eDiscovery Case Law
 Is a Blended Document Review Rate of $466 Per Hour Excessive? – eDiscovery Case Law 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 upon last month. In the case In re Citigroup Inc. Securities Litigation, New York District Judge Sidney H. Stein rejected as unreasonable the plaintiffs’ lead counsel’s proffered blended rate of more than $400 for contract attorneys—more than the blended rate charged for associate attorneys—most of whom were tasked with routine document review work.

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eDiscovery Daily is Three Years Old!
 eDiscovery Daily is Three Years Old! 150 150 CloudNine

We’ve always been free, now we are three! It’s hard to believe that it has been three years ago today since we launched the eDiscoveryDaily blog. We’re past the “terrible twos” and heading towards pre-school. Before you know it, we’ll be ready to take our driver’s test! Here are some posts over the last six months you may have missed.

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If Production is Small, Does that Mean ESI is Being Withheld? – eDiscovery Case Law
 If Production is Small, Does that Mean ESI is Being Withheld? – eDiscovery Case Law 150 150 CloudNine

In American Home Assurance Co. v. Greater Omaha Packing Co., Nebraska District Judge Lyle E. Strom ruled (among other things) that the defendants must disclose the sources it has searched (or intends to search) for electronically stored information (ESI) to the plaintiffs and, for each source, identify the search terms used.

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Court Awards Sanctions, But Declines to Order Defendants to Retain an eDiscovery Vendor – Yet – eDiscovery Case Law
 Court Awards Sanctions, But Declines to Order Defendants to Retain an eDiscovery Vendor – Yet – eDiscovery Case Law 150 150 CloudNine

In Logtale, Ltd. v. IKOR, Inc., California Magistrate Judge Donna M. Ryu granted the plaintiff’s motion to compel responses to discovery and awarded partial attorney’s fees as a result of defendants’ conduct. The judge did not grant the plaintiff’s request to order Defendants to retain an eDiscovery vendor to conduct a thorough and adequate search for responsive electronic documents, but did note that the court would do so “if there are continuing problems with their document productions”.

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