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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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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Free Your Mind, the Matrix Has You – eDiscovery Trends
 Free Your Mind, the Matrix Has You – eDiscovery Trends 150 150 CloudNine

OK, maybe it’s not The Matrix with Neo and Morpheus, but if you perform a role in eDiscovery, the Electronic Discovery Reference Model (EDRM) Talent Task Matrix probably describes the responsibilities associated with your role in the process.

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Is it OK for an eDiscovery Vendor to Work on Both Sides of a Case? – eDiscovery Best Practices
 Is it OK for an eDiscovery Vendor to Work on Both Sides of a Case? – eDiscovery Best Practices 150 150 CloudNine

A few weeks ago, we covered a case where the plaintiffs’ motion to compel the defendant to meet and confer to establish an agreed protocol for implementing the use of predictive coding software was dismissed (without prejudice) after the defendants stated that they were prepared to meet and confer with the plaintiffs and their non-disqualified ESI consultants regarding the defendants’ predictive coding process. The sticking point may be the ESI consultant in dispute.

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Court Rules that Stored Communications Act Applies to Former Employee Emails – eDiscovery Case Law
 Court Rules that Stored Communications Act Applies to Former Employee Emails – eDiscovery Case Law 150 150 CloudNine

In Lazette v. Kulmatycki, the Stored Communications Act (SCA) applied when a supervisor reviewed his former employee’s Gmails through her company-issued smartphone; it covered emails the former employee had not yet opened but not emails she had read but not yet deleted.

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