Our Insights on eDiscovery

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Plaintiff Receives Adverse Inference Sanction for Deleting Facebook Profile – eDiscovery Case Law
 Plaintiff Receives Adverse Inference Sanction for Deleting Facebook Profile – eDiscovery Case Law 150 150 CloudNine

In Gatto v. United Air Lines, Inc., New Jersey Magistrate Judge Steven C. Mannion issued an adverse inference sanction against the plaintiff for failing to preserve data due to the fact that he either, deactivated his Facebook account and allowed the account to be automatically deleted after fourteen days, or that he deleted the account outright. Judge Mannion denied the defendant’s request for attorney’s fees and costs for “the time and effort it was forced to expend in an effort to obtain discovery”.

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Appeals Court Upholds Decision Not to Recuse Judge Peck in Da Silva Moore – eDiscovery Case Law
 Appeals Court Upholds Decision Not to Recuse Judge Peck in Da Silva Moore – eDiscovery Case Law 150 150 CloudNine

As reported by IT-Lex, the Second Circuit of the US Court of Appeals rejected the Plaintiff’s request for a writ of mandamus recusing Magistrate Judge Andrew J. Peck from Da Silva Moore v. Publicis Groupe SA.

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Pop Quiz: Is it Possible for a File to be Modified Before it is Created? – eDiscovery Best Practices
 Pop Quiz: Is it Possible for a File to be Modified Before it is Created? – eDiscovery Best Practices 150 150 CloudNine

Sounds like a trick question, doesn’t it? The answer is yes. And, collecting files in a forensically unsound manner can be a drag…and drop.

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Yet Another Request for Facebook Data Denied – eDiscovery Case Law
 Yet Another Request for Facebook Data Denied – eDiscovery Case Law 150 150 CloudNine

In Potts v. Dollar Tree Stores, Inc., Tennessee District Judge William Haynes ruled that the defendant “lacks any evidentiary showing that Plaintiff’s public Facebook profile contains information that will reasonably lead to the discovery of admissible evidence” and, therefore, denied the defendant’s motion to compel regarding same.

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The Hammer Comes Down on Losing Plaintiff for Spoliation of Data – eDiscovery Case Law
 The Hammer Comes Down on Losing Plaintiff for Spoliation of Data – eDiscovery Case Law 150 150 CloudNine

Apparently, having your case dismissed isn’t the worst that can happen to you for egregious spoliation of data. You can also be ordered to pay the winning party over $200,000 in fees and costs for the case. In Taylor v. Mitre Corp., Virginia District Judge Liam O’Grady partially granted the prevailing defendant’s motion for fees and costs after the court dismissed the case due to the plaintiff’s spoliation of evidence.

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Is it Time to Ditch the Per Hour Model for Document Review? – eDiscovery Trends
 Is it Time to Ditch the Per Hour Model for Document Review? – eDiscovery Trends 150 150 CloudNine

Some of the recent stories involving alleged overbilling by law firms for legal work – much of it for document review – begs the question whether it’s time to ditch the per hour model for document review in place of a per document rate for review?

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Court Says Scanning Documents to TIFF and Loading into Database is Taxable – eDiscovery Case Law
 Court Says Scanning Documents to TIFF and Loading into Database is Taxable – eDiscovery Case Law 150 150 CloudNine

In Amana Society, Inc. v. Excel Engineering, Inc., Iowa District Judge Linda R. Reade found that “scanning [to TIFF format] for Summation purposes qualifies as ‘making copies of materials’ and that these costs are recoverable”.

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I Tell Ya, Information Governance Gets No Respect – eDiscovery Trends
 I Tell Ya, Information Governance Gets No Respect – eDiscovery Trends 150 150 CloudNine

As reported by Sean Doherty in Law Technology News (New Research Reveals Information Governance Gets No Respect), a new report from 451 Research has indicated that “although lawyers are bullish about the prospects of information governance to reduce litigation risks, executives, and staff of small and midsize businesses, are bearish and ‘may not be placing a high priority’ on the legal and regulatory needs for litigation or government investigation.”

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Defendants Sanctioned, Sort Of, for Failure to Preserve Text Messages – eDiscovery Case Law
 Defendants Sanctioned, Sort Of, for Failure to Preserve Text Messages – eDiscovery Case Law 150 150 CloudNine

In Christou v. Beatport, LLC, Colorado District Judge R. Brooke Jackson ruled that the plaintiffs could introduce evidence at trial to show the defendants failure to preserve text messages after the key defendant’s iPhone was lost. However, the judge also ruled that the defendants could present “evidence in explanation…and argue that no adverse inference should be drawn”.

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Four More Tips to Quash the Cost of eDiscovery – eDiscovery Best Practices
 Four More Tips to Quash the Cost of eDiscovery – eDiscovery Best Practices 150 150 CloudNine

Thursday, we covered the first four tips from Craig Ball’s informative post on his blog (Ball in your Court) entitled Eight Tips to Quash the Cost of E-Discovery with tips on saving eDiscovery costs. Today, we’ll discuss the last four tips.

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