Our Insights on eDiscovery

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Adam Losey of IT-Lex.org – eDiscovery Trends, Part 2
 Adam Losey of IT-Lex.org – eDiscovery Trends, Part 2 150 150 CloudNine

During our recently concluded thought leader interview series, I had intended to line up at least one more interview – with Adam Losey, president and editor-in-chief of IT-Lex.org, a technology law not-for-profit educational and literary organization and an attorney at Foley & Lardner LLP. Adam also served as an adjunct professor at Columbia University, where he taught electronic discovery as part of Columbia’s Information and Digital Resource Management Master’s Program. Under the idea of “better late than never”, I was finally able to speak to Adam and get his thoughts on various eDiscovery topics. Enjoy! 🙂

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Adam Losey of IT-Lex.org – eDiscovery Trends, Part 1
 Adam Losey of IT-Lex.org – eDiscovery Trends, Part 1 150 150 CloudNine

During our recently concluded thought leader interview series, I had intended to line up at least one more interview – with Adam Losey, president and editor-in-chief of IT-Lex.org, a technology law not-for-profit educational and literary organization and an attorney at Foley & Lardner LLP. Adam also served as an adjunct professor at Columbia University, where he taught electronic discovery as part of Columbia’s Information and Digital Resource Management Master’s Program. Under the idea of “better late than never”, I was finally able to speak to Adam and get his thoughts on various eDiscovery topics. Enjoy! 🙂

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Fulbright’s Litigation Trends Survey Shows Increased Litigation, Mobile Device Collection – eDiscovery Trends
 Fulbright’s Litigation Trends Survey Shows Increased Litigation, Mobile Device Collection – eDiscovery Trends 150 150 CloudNine

According to Fulbright’s 9th Annual Litigation Trends Survey released last month, companies in the United States and United Kingdom continue to deal with, and spend more on litigation. From an eDiscovery standpoint, the survey showed an increase in requirements to preserve and collect data from employee mobile devices, a high reliance on self-preservation to fulfill preservation obligations and a decent percentage of organizations using technology assisted review.

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eDiscovery Daily Is Thirty! (Months Old, That Is)
 eDiscovery Daily Is Thirty! (Months Old, That Is) 150 150 CloudNine

Thirty months ago yesterday, eDiscovery Daily was launched. It’s hard to believe that it has been 2 1/2 years since our first three posts that debuted on our first day. 635 posts later, a lot has happened in the industry that we’ve covered. And, yes we’re still crazy after all these years for committing to a daily post each business day, but we still haven’t missed a business day yet. Twice a year, we like to take a look back at some of the important stories and topics during that time. So, here are just a few of the posts over the last six months you may have missed. Enjoy!

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Outlook Emails Can Take Many Forms – eDiscovery Best Practices
 Outlook Emails Can Take Many Forms – eDiscovery Best Practices 150 150 CloudNine

Most discovery requests include a request for emails of parties involved in the case. Email data is often the best resource for establishing a timeline of communications in the case and Microsoft® Outlook is the most common email program used in business today. Outlook emails can be stored in several different forms, so it’s important to be able to account for each file format when collecting emails that may be responsive to the discovery request.

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JP Morgan Chase Sanctioned for a Failure to Preserve Skill Codes – eDiscovery Case Law
 JP Morgan Chase Sanctioned for a Failure to Preserve Skill Codes – eDiscovery Case Law 150 150 CloudNine

In EEOC v. JP Morgan Chase Bank, District Judge Gregory L. Frost granted the EEOC’s motion for sanctions for spoliation of data, entitling the plaintiff to “a permissive adverse jury instruction related to the spoliation if this litigation proceeds to a jury trial”, and denied the defendant’s motion for summary judgment.

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Award to Apple in Samsung Case Cut Almost in Half, For Now – eDiscovery Case Law
 Award to Apple in Samsung Case Cut Almost in Half, For Now – eDiscovery Case Law 150 150 CloudNine

In Apple Inc. v. Samsung Elecs. Co., District Judge Lucy Koh reduced the amount of the previous jury award against Samsung in its ongoing intellectual property case from nearly $1.05 billion to over $598 million, due to ordering a new trial on damages for several Samsung products that amounted to over $450 million being stricken from the jury’s award.

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EEOC Sanctioned for Failing to Comply with Motion to Compel Production – eDiscovery Case Law
 EEOC Sanctioned for Failing to Comply with Motion to Compel Production – eDiscovery Case Law 150 150 CloudNine

As noted previously in this blog, the Equal Employment Opportunity Commission (EEOC) was ordered to turn over social media information related to a class action case alleging sexual harassment and retaliation. Apparently, they were less than cooperative in complying with that order.
In EEOC v. Original Honeybaked Ham Co. of Georgia, Colorado Magistrate Judge Michael E. Hegarty sanctioned the EEOC for failing to provide discovery of social media content.

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Court Rules Production Must be TIFFs with Bates Numbers – eDiscovery Case Law
 Court Rules Production Must be TIFFs with Bates Numbers – eDiscovery Case Law 150 150 CloudNine

In Branhaven, LLC v. Beeftek, Inc., Maryland Magistrate Judge Susan K. Gauvey sanctioned plaintiff’s attorneys for wrongfully certifying the completeness of their eDiscovery production and also ruled that defendants “demonstrated that without Bates stamping and .tiff format”, the plaintiff’s production “was not reasonably usable and therefore was insufficient under Rule 34”.

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Five Common Myths About Predictive Coding – eDiscovery Best Practices
 Five Common Myths About Predictive Coding – eDiscovery Best Practices 150 150 CloudNine

During my interviews with various thought leaders, we discussed various aspects of predictive coding and some of the perceived myths that exist regarding predictive coding and what it means to the review process. I thought it would be a good idea to recap some of those myths and how they compare to the “reality” (at least as some of us see it). Or maybe just me. 🙂

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