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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Five eDiscovery Trailblazing Judges – eDiscovery Trends
 Five eDiscovery Trailblazing Judges – eDiscovery Trends 150 150 CloudNine

Yesterday, we discussed an article in The American Lawyer by Alan Cohen about six people who deserve special consideration as true trailblazers in eDiscovery. Today, let’s take a look at five trailblazing judges in eDiscovery.

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Six eDiscovery Trailblazers – eDiscovery Trends
 Six eDiscovery Trailblazers – eDiscovery Trends 150 150 CloudNine

As we discussed on Monday, the electronic discovery industry is now a multi-billion dollar industry and experiencing double-digit growth year after year. It’s hard to believe that a couple of decades ago, this industry – for all intents and purposes – didn’t even exist. Now it’s huge, and – as noted in Alan Cohen’s article in The American Lawyer – there are six people who deserve special consideration as true trailblazers in the industry.

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Data May Be Doubling Every Couple of Years, But How Much of it is Original? – eDiscovery Best Practices
 Data May Be Doubling Every Couple of Years, But How Much of it is Original? – eDiscovery Best Practices 150 150 CloudNine

According to the Compliance, Governance and Oversight Council (CGOC), information volume in most organizations doubles every 18-24 months. However, just because it doubles doesn’t mean that it’s all original. Like a bad cover band singing Free Bird, the rendition may be unique, but the content is the same. The key is limiting review to unique content.

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Court Compels Discovery of Plaintiff’s Facebook Posts as Relevant – eDiscovery Case Law
 Court Compels Discovery of Plaintiff’s Facebook Posts as Relevant – eDiscovery Case Law 150 150 CloudNine

In Moore v. Miller, Colorado Senior District Judge John L. Kane ruled (over the plaintiff’s privacy objections) that the plaintiff’s Facebook posts and activity log must be produced because they related to his claims of physical injury and emotional distress and because the plaintiff put his posts directly at issue by discussing the incident giving rise to the lawsuit online.

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How Big is the eDiscovery Market? Here’s all the Estimates in One Place – eDiscovery Trends
 How Big is the eDiscovery Market? Here’s all the Estimates in One Place – eDiscovery Trends 150 150 CloudNine

Rob Robinson’s Complex Discovery site is an excellent resource for discovery and general legal technology articles – his weekly top story digest is a terrific source for keeping tabs on the industry. Now, Rob has created a compilation of various eDiscovery market estimates for the next several years to provide An eDiscovery Market Size Mashup for 2012 to 2017.

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Good Processing Requires a Sound Process – eDiscovery Best Practices
 Good Processing Requires a Sound Process – eDiscovery Best Practices 150 150 CloudNine

As we discussed yesterday, working with electronic files in a review tool is NOT just simply a matter of loading the files and getting started. Electronic files are diverse and can represent a whole collection of issues to address in order to process them for loading. To address those issues effectively, processing requires a sound process.

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The Files are Already Electronic, How Hard Can They Be to Load? – eDiscovery Best Practices
 The Files are Already Electronic, How Hard Can They Be to Load? – eDiscovery Best Practices 150 150 CloudNine

Since hard copy discovery became electronic discovery, I’ve worked with a number of clients who expect that working with electronic files in a review tool is simply a matter of loading the files and getting started. Unfortunately, it’s not that simple!

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Spoliation Sanctions Can Apply to Audio Files Too – eDiscovery Case Law
 Spoliation Sanctions Can Apply to Audio Files Too – eDiscovery Case Law 150 150 CloudNine

In Hart v. Dillon Cos., Colorado Magistrate Judge David L. West granted the plaintiff’s Motion for Sanctions for Spoliation of Evidence for failing to preserve a tape recorded interview with the plaintiff and set a hearing and oral argument as to what sanctions should be imposed for October.

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Wish There Were Better Standards for Production of Native Files? Enough is ENF! – eDiscovery Trends
 Wish There Were Better Standards for Production of Native Files? Enough is ENF! – eDiscovery Trends 150 150 CloudNine

At the Electronic Discovery Reference Model (EDRM) annual meeting back in May, I provided updates for several of the EDRM projects, two of which (Metrics and Jobs) have already made significant announcements since the meeting. Another project, the new Native Files project, has recently released two white papers authored by EDRM member Wade Peterson (of Bowman and Brooke LLP) proposing the creation and adoption of a new ENF (encapsulated native file) standard for the production of native files.

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Printed Copies of Documents Not Enough, Spoliation Sanctions Upheld for Discarding Computer – eDiscovery Case Law
 Printed Copies of Documents Not Enough, Spoliation Sanctions Upheld for Discarding Computer – eDiscovery Case Law 150 150 CloudNine

On May 30, the Appellate Division of the Supreme Court of New York, First Department upheld a spoliation sanction against a plaintiff that failed to preserve electronic files and discarded his computer containing those files.

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