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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If You’re Feeling “Innovative”, This is the Conference For You – eDiscovery Trends
 If You’re Feeling “Innovative”, This is the Conference For You – eDiscovery Trends 150 150 CloudNine

When it comes to informative sites regarding eDiscovery, IT-Lex is one of our favorites. We’ve referenced several of their stories over the past couple of years and have also conducted a two part thought leader interview with their president and editor-in-chief, Adam Losey. Now, IT-Lex is hosting their first conference and, we’re happy to have Samir Mathur, Managing Director and General Counsel of IT-Lex to provide a guest post to tell you more about the their inaugural Innovate conference next Thursday and Friday, October 17 and 18.

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For Successful Discovery, Think Backwards – eDiscovery Best Practices
 For Successful Discovery, Think Backwards – eDiscovery Best Practices 150 150 CloudNine

The Electronic Discovery Reference Model (EDRM) has become the standard model for the workflow of the process for handling electronically stored information (ESI) in discovery. But, to succeed in discovery, regardless whether you’re the producing party or the receiving party, it might be helpful to think about the EDRM model backwards.

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Leaving Your Hard Drives in a Rental House is Negligent, Court Rules – eDiscovery Best Practices
 Leaving Your Hard Drives in a Rental House is Negligent, Court Rules – eDiscovery Best Practices 150 150 CloudNine

In Net-Com Services, Inc. v. Eupen Cable USA, Inc., the plaintiff’s destruction of evidence was negligent where its principal failed to take steps to preserve evidence he had stored in a home he rented to nonaffiliated lessees.

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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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