Our Insights on eDiscovery

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New eDiscovery Guidelines for Northern District of California – eDiscovery Trends
 New eDiscovery Guidelines for Northern District of California – eDiscovery Trends 150 150 CloudNine

The U.S. District Court for the Northern District of California has announced new Guidelines for counsel and litigants regarding the discovery of electronically stored information (“ESI”) effective as of last Tuesday (November 27). The Guidelines were developed by a bench-bar committee chaired by Magistrate Judge Elizabeth D. Laporte in partnership with the Court’s Rules Committee and unanimously approved by the entire Court.

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Another Major eDiscovery Acquisition: DTI Acquires Fios – eDiscovery Trends
 Another Major eDiscovery Acquisition: DTI Acquires Fios – eDiscovery Trends 150 150 CloudNine

As reported by Law Technology News and the Litigation Support News and Information Blog, Document Technologies Inc. (DTI), the nation’s largest independent provider of discovery services, facilities management, and knowledge process outsourcing has acquired Fios Inc., one of the electronic discovery industry’s most recognized brands. The new company will be known as “Fios, A DTI Company.”

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Plaintiff Hammered with Case Dismissal for “Egregious” Discovery Violations – eDiscovery Case Law
 Plaintiff Hammered with Case Dismissal for “Egregious” Discovery Violations – eDiscovery Case Law 150 150 CloudNine

Apparently, destroying your first computer with a sledgehammer and using Evidence Eliminator and CCleaner on your second computer (when you have a duty to preserve both) are not considered to be best practices for preservation. Who knew? 😉

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The Grossman-Cormack Glossary of Technology Assisted Review – eDiscovery Resources
 The Grossman-Cormack Glossary of Technology Assisted Review – eDiscovery Resources 150 150 CloudNine

Do you know what a “Confidence Level” is? No, I’m not talking about Tom Brady completing football passes in coverage. How about “Harmonic Mean”? Maybe if I hum a few bars? Gaussian Calculator? Sorry, it has nothing to do with how many Tums you should eat after a big meal. No, the answer to all of these can be found in the new Grossman-Cormack Glossary of Technology Assisted Review.

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Sedona Conference Updates Guide for Judges – eDiscovery Trends
 Sedona Conference Updates Guide for Judges – eDiscovery Trends 150 150 CloudNine

Last year, The Sedona Conference® made a public comments version of the Cooperation Proclamation: Resources for the Judiciary available on the Sedona Conference website. The Resources for the Judiciary document aims to provide judges with a foundation for creating a collaborative and non-adversarial approach to managing eDiscovery. Now, its Judicial Resources guide has been updated and the free version is available on the Sedona Conference web site.

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Perspective on the HP/Autonomy Fiasco – eDiscovery Trends
 Perspective on the HP/Autonomy Fiasco – eDiscovery Trends 150 150 CloudNine

By now, you’ve probably heard that, on Tuesday, Hewlett-Packard (HP) took an $8.8 billion charge resulting from its acquisition of Autonomy back in 2011, one of the largest acquisitions in the eDiscovery industry in history. HP has called on US and British authorities to investigate what it called “serious accounting improprieties, disclosure failures and outright misrepresentations at Autonomy” before the acquisition in a developing scandal that also involves accounting firms Deloitte and KPMG, who audited the sale.

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Defendant Compelled to Produce Additional Discovery to Plaintiff – eDiscovery Case Law
 Defendant Compelled to Produce Additional Discovery to Plaintiff – eDiscovery Case Law 150 150 CloudNine

In Freeman v. Dal-Tile Corp., a case alleging harassment and discrimination, among other claims, against her former employer Dal-Tile Corporation, the plaintiff brought a motion to compel, asserting that some of the defendant’s discovery responses related to its search for ESI were deficient.

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Rambus’ “Shred Days” Result in Sanctions Yet Again – eDiscovery Case Law
 Rambus’ “Shred Days” Result in Sanctions Yet Again – eDiscovery Case Law 150 150 CloudNine

In Hynix Semiconductor Inc. v. Rambus, Inc., California District Judge Ronald Whyte used his discretion to fashion an appropriate fact-specific sanctions award after it found a party willfully destroyed evidence despite reasonably foreseeable litigation, it destroyed such evidence in bad faith, and the opposing party suffered prejudice.

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Louisiana Order Dictates That the Parties Cooperate on Technology Assisted Review – eDiscovery Case Law
 Louisiana Order Dictates That the Parties Cooperate on Technology Assisted Review – eDiscovery Case Law 150 150 CloudNine

In the case In re Actos (Pioglitazone) Products Liability Litigation, a case management order applicable to pretrial proceedings in a multidistrict litigation consolidating eleven civil actions, the court issued comprehensive instructions for the use of technology-assisted review (“TAR”).

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Email Metadata Leads to Petraeus Resignation – eDiscovery Trends
 Email Metadata Leads to Petraeus Resignation – eDiscovery Trends 150 150 CloudNine

As reported on by Megan Garber of The Atlantic, email location data led FBI investigators to discover CIA director David Petraeus’ affair with Paula Broadwell that led to his resignation. The irony is that FBI investigators weren’t aware of, or looking for, information regarding the affair. Here’s what happened, according to the article.

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