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.
read moreAt 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.
read moreOn 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.
read moreOK, 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.
read moreA 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.
read moreIn 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.
read moreApparently, the effect of the proposed amendments to the discovery provisions of the Federal Rules of Civil Procedure approved for public comment may not be limited to just Federal courts. They also could have a significant effect on New York’s state courts as well.
read moreIf you’re reading this, you obviously read law blogs. If you have a favorite law blog (or “blawg”, get it?), now is the time to nominate it for recognition in the ABA Journal 7th Annual Blawg 100.
read moreAs mentioned in Law Technology News (‘Da Silva Moore’ Goes to Washington), attorneys representing lead plaintiff Monique Da Silva Moore and five other employees have filed a petition for certiorari filed with the Supreme Court arguing that New York Magistrate Judge Andrew Peck, who approved an eDiscovery protocol agreed to by the parties that included predictive coding technology, should have recused himself given his previous public statements expressing strong support of predictive coding.
read moreSince we started eDiscovery Daily back in September 2010, we have yet to miss a scheduled day to publish a blog post. I’m not sure if today counts, but I feel compelled to talk about my dad. Please excuse this one day departure from our normal topics.
read moreOn-premise processing and review continue to offer unique advantages that the cloud alone can’t replicate. Before racing toward “cloud-only” strategies, it’s worth recognizing the critical needs driving organizations to maintain robust on-prem infrastructure.
