Understanding the relationships of your organization’s internal and external challenges allows your organization to approach ongoing and future discovery in a more strategic process. A “SWOT” analysis is a tool that can be used to develop that understanding.
read moreYou’ve got an employee suing her ex-employer for discrimination, hostile work environment and being forced to resign. During discovery, it was determined that a key email was deleted due to the employer’s routine auto-delete policy, so the plaintiff filed a motion for sanctions. Sound familiar? Yep. Was her motion granted? Nope.
read moreRalph Losey describes a unique case this week in his e-Discovery Team ® blog (Poor Plaintiff’s Counsel, Can’t Even Find a CAR, Much Less Drive One). In Northstar Marine, Inc. v. Huffman, the defendant’s motion to enforce the parties’ document production agreement was granted after Alabama Magistrate Judge William E. Cassady rejected the plaintiff’s excuse that “it is having difficulty locating an inexpensive provider of electronic search technology to assist with discovery”.
read moreWe’ve discussed previously that electronic files aren’t necessarily ready to review just because they’re electronic. They often need processing and good processing requires a sound process. Sometimes that process includes data conversion if the data isn’t in the most useful format.
read moreThe opinion in Kwasniewski v. Sanofi-Aventis U.S. LLC suggests that producing parties can satisfy their obligation to produce documents in an organized manner by offering a table of contents, rendering text searchable, indicating which data responds to which request, and including certain metadata, such as Bates numbers.
read moreRob Robinson has put together another terrific compilation, this time a compilation of articles about Technology Assisted Review and Predictive Coding over the past 1 1/2 years (from February 2012, last updated on August 12). If you simply can’t get enough of the topic, you’ll want to check it out.
read moreIf you’re hoping to get away with failing to preserve data in eDiscovery, you might want to think again if your case appears in the docket for the Southern District of New York with Judge Shira Scheindlin presiding.
read moreAfter 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?
read moreIn 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.
read moreAs 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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