Our Insights on eDiscovery

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In False Claims Act Case, Reimbursement of eDiscovery Costs Awarded to Plaintiff – eDiscovery Case Law
 In False Claims Act Case, Reimbursement of eDiscovery Costs Awarded to Plaintiff – eDiscovery Case Law 150 150 CloudNine

In United States ex rel. Becker v. Tools & Metals, Inc., a qui tam False Claims Act litigation, the plaintiffs sought, and the court awarded, costs for, among other things, uploading ESI, creating a Relativity index, and processing data over the objection that expenses should be limited to “reasonable out-of-pocket expenses which are part of the costs normally charged to a fee-paying client.” The court also approved electronic hosting costs, rejecting a defendant’s claim that “reasonableness is determined based on the number of documents used in the litigation.” However, the court refused to award costs for project management and for extracting data from hard drives where the plaintiff could have used better means to conduct a “targeted extraction of information.”

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Important Considerations when Negotiating Search Terms with Opposing Counsel – eDiscovery Best Practices
 Important Considerations when Negotiating Search Terms with Opposing Counsel – eDiscovery Best Practices 150 150 CloudNine

Negotiating search terms with opposing counsel has become commonplace to agree on the scope of discovery. However, when you negotiate terms with the other side, you could be agreeing to produce more than you think. Craig Ball’s latest article in Law Technology News discusses the issues and tries to answer the question: Are Keywords Just Filters?

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Export Files and Custom Content Images in FTK Imager – eDiscovery Best Practices
 Export Files and Custom Content Images in FTK Imager – eDiscovery Best Practices 150 150 CloudNine

Over the past few weeks, we have talked about the benefits and capabilities of Forensic Toolkit (FTK) Imager from AccessData (and obtaining your own free copy), how to create a disk image and 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. This week, let’s discuss how to export files and how to create a custom content image of a targeted collection of files.

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200,000 Visits on eDiscovery Daily! – eDiscovery Milestones
 200,000 Visits on eDiscovery Daily! – eDiscovery Milestones 150 150 CloudNine

While we may be “just a bit behind” Google in popularity (900 million visits per month), we’re proud to announce that yesterday eDiscoveryDaily reached the 200,000 visit milestone! It took us a little over 21 months to reach 100,000 visits and just over 11 months to get to 200,000 (don’t tell my boss, he’ll expect 300,000 in 5 1/2 months). When we reach key milestones, we like to take a look back at some of the recent stories we’ve covered, so here are some recent eDiscovery items of interest.

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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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