Our Insights on eDiscovery

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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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Emails Between Husband and Wife Are Not Privileged, If Sent from Work Computer – eDiscovery Case Law
 Emails Between Husband and Wife Are Not Privileged, If Sent from Work Computer – eDiscovery Case Law 150 150 CloudNine

In United States v. Hamilton, the Fourth Circuit found that the district court had not abused its discretion in finding that e-mails between the defendant and his wife did not merit marital privilege protection because the defendant had used his office computer and his work e-mail account to send and receive the communications and because he had not taken steps to protect the e-mails in question, even after his employer instituted a policy permitting inspection of e-mails and he was on notice of the policy.

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Chances Are that Delaware Has Been as Busy as Any State in eDiscovery – eDiscovery Trends
 Chances Are that Delaware Has Been as Busy as Any State in eDiscovery – eDiscovery Trends 150 150 CloudNine

In December of 2011, as previously reported in eDiscoveryDaily, the U.S. District Court for the District of Delaware revised the “Default Standard for Discovery, Including Discovery of Electronically Stored Information (ESI)” to reflect changes in technology and to address concerns of attorneys regarding the discovery of ESI. As of January 1, 2013, more changes are in effect in Delaware.

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