Our Insights on eDiscovery

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Some Additional Perspective on the EDRM Enron Data Set “Controversy” – eDiscovery Trends
 Some Additional Perspective on the EDRM Enron Data Set “Controversy” – eDiscovery Trends 150 150 CloudNine

Sharon Nelson wrote a terrific post about the “controversy” regarding the Electronic Discovery Reference Model (EDRM) Enron Data Set in her Ride the Lightning blog (Is the Enron E-Mail Data Set Worth All the Mudslinging?). I wanted to repeat some of her key points here and offer some of my own perspective directly from sitting in on the Data Set team during the EDRM Annual Meeting earlier this month.

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Hard Drive Turned Over to Criminal Defendant – Eight Years Later – eDiscovery Case Law
 Hard Drive Turned Over to Criminal Defendant – Eight Years Later – eDiscovery Case Law 150 150 CloudNine

If you think discovery violations by the other side can cause you problems, imagine being this guy. As reported by WRAL.com in Durham, North Carolina, the defense in State of North Carolina v. Raven S. Abaroa filed a Motion to Dismiss the Case for Discovery Violations after the state produced a forensic image of a hard drive (in the middle of trial) that had been locked away in the Durham Police Department for eight years.

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Never Mind! Plaintiffs Not Required to Use Predictive Coding After All – eDiscovery Case Law
 Never Mind! Plaintiffs Not Required to Use Predictive Coding After All – eDiscovery Case Law 150 150 CloudNine

Remember EORHB v. HOA Holdings, where, in a surprise ruling, both parties were instructed to use predictive coding by the judge? Well, the judge has changed his mind.

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Just a Reminder to Think Before You Hit Send – eDiscovery Best Practices
 Just a Reminder to Think Before You Hit Send – eDiscovery Best Practices 150 150 CloudNine

With Anthony Weiner’s announcement that he is attempting a political comeback by running for mayor on New York City, it’s worth remembering the “Twittergate” story that ultimately cost his congressional seat in the first place – not to bash him, but to remind all of us how important it is to think before you hit send (even if he did start his campaign by using a picture of Pittsburgh’s skyline instead of NYC’s — oops!). Here is another reminder of that fact.

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Google Compelled to Produce Search Terms in Apple v. Samsung – eDiscovery Case Law
 Google Compelled to Produce Search Terms in Apple v. Samsung – eDiscovery Case Law 150 150 CloudNine

In Apple v. Samsung, California Magistrate Judge Paul S. Grewal granted Apple’s motion to compel third party Google to produce the search terms and custodians used to respond to discovery requests and ordered the parties to “meet and confer in person to discuss the lists and to attempt to resolve any remaining disputes regarding Google’s production.”

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Welcome to LegalTech West Coast 2013! – eDiscovery Trends
 Welcome to LegalTech West Coast 2013! – eDiscovery Trends 150 150 CloudNine

Today is the start of LegalTech® West Coast 2013 (LTWC) and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. Today, we will provide a description of some of the sessions related to eDiscovery to give you a sense of the topics being covered. If you’re in the Los Angeles area, come check out the show – there are a number of sessions available and 62 exhibitors providing information on their products and services, including (shameless plug warning!) my company, CloudNine Discovery, which just announced yesterday that we will be previewing a brand new, browser-independent version of our linear review application, OnDemand®.

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Adding Evidence Items with FTK Imager – eDiscovery Best Practices
 Adding Evidence Items with FTK Imager – eDiscovery Best Practices 150 150 CloudNine

A couple of weeks ago, we talked about the benefits and capabilities of Forensic Toolkit (FTK) Imager, which is a computer forensics software application provided by AccessData, as well as how to download your own free copy. Then, last week, we discussed how to create a disk image. This week, let’s discuss how to add evidence items with FTK Imager for the purpose of reviewing the contents of evidence items, such as physical drives or images that you’ve created.

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Defendant Compelled by Court to Produce Metadata – eDiscovery Case Law
 Defendant Compelled by Court to Produce Metadata – eDiscovery Case Law 150 150 CloudNine

In AtHome Care, Inc. v. The Evangelical Lutheran Good Samaritan Society, Idaho District Judge B. Lynn Winmill granted the plaintiff’s motion to compel documents, ordering the defendant to identify and produce metadata for the documents in this case.

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Version 1 of the EDRM Enron Data Set NOW AVAILABLE – eDiscovery Trends
 Version 1 of the EDRM Enron Data Set NOW AVAILABLE – eDiscovery Trends 150 150 CloudNine

Last week, we reported from the Annual Meeting for the Electronic Discovery Reference Model (EDRM) group and discussed some significant efforts and accomplishments by each of the project teams within EDRM. That included an update from the EDRM Data Set project, where an effort was underway to identify and remove personally-identifiable information (“PII”) data from the EDRM Data Set. Now, version 1 of the Data Set is completed and available for download.

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Plaintiff Granted Access to Defendant’s Database – eDiscovery Case Law
 Plaintiff Granted Access to Defendant’s Database – eDiscovery Case Law 150 150 CloudNine

In Advanced Tactical Ordnance Systems, LLC v. Real Action Paintball, Inc., Indiana Magistrate Judge Roger B. Cosbey took the unusual step of allowing the plaintiff direct access to a defendant company’s database under Federal Rule of Civil Procedure 34 because the plaintiff made a specific showing that the information in the database was highly relevant to the plaintiff’s claims, the benefit of producing it substantially outweighed the burden of producing it, and there was no prejudice to the defendant.

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