Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
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Is 31,000 Missed Relevant Documents an Acceptable Outcome? – eDiscovery Case Law
 Is 31,000 Missed Relevant Documents an Acceptable Outcome? – eDiscovery Case Law 150 150 CloudNine

It might be, if the alternative is 62,000 missed relevant documents. Last week, we reported on the first case for technology assisted review to be completed, Global Aerospace Inc., et al, v. Landow Aviation, L.P. dba Dulles Jet Center, et al, in which predictive coding was approved last April by Virginia State Circuit Court Judge James H. Chamblin. Now, as reported by the ABA Journal (by way of the Wall Street Journal Law Blog), we have an idea of the results from the predictive coding exercise.

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Judges and Social Media Don’t Mix Either – eDiscovery Trends
 Judges and Social Media Don’t Mix Either – eDiscovery Trends 150 150 CloudNine

As a graduate of Baylor University, I thought I would have found a way to work last year’s Heisman Trophy winner, Baylor’s own Robert Griffin III, into a blog post before this year’s Heisman winner, but this story involving Johnny Manziel is too good to pass up as an example of how pervasive social media has become in our daily lives and how it can impact the legal process.

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Has the Super Bowl Pregame Show Started Yet? How about the LegalTech Pregame Show? – eDiscovery Trends
 Has the Super Bowl Pregame Show Started Yet? How about the LegalTech Pregame Show? – eDiscovery Trends 150 150 CloudNine

Each year, it seems that the pregame show for the Super Bowl gets longer and longer. However, as the Super Bowl is slated for next Sunday, it hasn’t started – yet. However, with Legal Tech® New York 2013 slated to start next Tuesday, maybe it’s appropriate to have a “LegalTech Pregame Show”! Leave it to us to link legal technology with the biggest football game of the year!

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Another Social Media Request Denied as a “Carte Blanche” Request – eDiscovery Case Law
 Another Social Media Request Denied as a “Carte Blanche” Request – eDiscovery Case Law 150 150 CloudNine

In Keller v. National Farmers Union Property & Casualty Co., the defendants filed a motion to compel the plaintiff’s to respond to various discovery requests. While Magistrate Judge Jeremiah Lynch granted their request to compel the plaintiffs to produce medical records, he denied the defendant’s request “to delve carte blanche into the nonpublic sections of Plaintiffs’ social networking accounts”.

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First Case for Technology Assisted Review to be Completed – eDiscovery Trends
 First Case for Technology Assisted Review to be Completed – eDiscovery Trends 150 150 CloudNine

As reported in Law Technology News by Evan Koblentz, it appears we have our first case in which predictive coding has been completed.

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2012 eDiscovery Year in Review: eDiscovery Case Law, Part 4
 2012 eDiscovery Year in Review: eDiscovery Case Law, Part 4 150 150 CloudNine

As we noted the past three days, eDiscoveryDaily published 98 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to admissibility and the duty to preserve and produce electronically stored information (ESI). Today, let’s take a look back at cases related to sanctions and spoliation.

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2012 eDiscovery Year in Review: eDiscovery Case Law, Part 3
 2012 eDiscovery Year in Review: eDiscovery Case Law, Part 3 150 150 CloudNine

As we noted the past two days, eDiscoveryDaily published 98 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to social media and the first cases approving technology assisted review. Today, let’s take a look back at cases related to admissibility and the duty to preserve and produce electronically stored information (ESI).

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2012 eDiscovery Year in Review: eDiscovery Case Law, Part 2
 2012 eDiscovery Year in Review: eDiscovery Case Law, Part 2 150 150 CloudNine

As we noted yesterday, eDiscoveryDaily published 98 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to proportionality and cooperation, privilege and inadvertent disclosures, and eDiscovery cost reimbursement. Today, let’s take a look back at cases related to social media and, of course, technology assisted review(!).

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2012 eDiscovery Year in Review: eDiscovery Case Law, Part 1
 2012 eDiscovery Year in Review: eDiscovery Case Law, Part 1 150 150 CloudNine

2012 was quite a year from an eDiscovery standpoint, with a number of cases that impacted how organizations handle discovery. As we did last year, it seems appropriate to review cases from 2012 before moving forward to this year. eDiscoveryDaily published 98 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Perhaps you missed some of these? Now is your chance to catch up!

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Court Reduces, But Allows, Reimbursement of eDiscovery Costs – eDiscovery Case Law
 Court Reduces, But Allows, Reimbursement of eDiscovery Costs – eDiscovery Case Law 150 150 CloudNine

In Moore v. The Weinstein Company LLC, noting it had wide discretion to determine costs recoverable by a prevailing party under federal statutes providing for the taxation of costs, a court reduced costs awarded for eDiscovery expenditures based on its analysis of which costs were reasonable, necessary, and taxable.

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