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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“Rap Weasel” Forced to Honor $1 Million Reward Offered via YouTube – eDiscovery Case Law
 “Rap Weasel” Forced to Honor $1 Million Reward Offered via YouTube – eDiscovery Case Law 150 150 CloudNine

It isn’t every day that eDiscoveryDaily has reason to reference The Hollywood Reporter in a story about eDiscovery case law, but even celebrities have eDiscovery preservation obligations during litigation. In Augstein v. Leslie, New York District Judge Harold Baer imposed an adverse inference sanction against hip hop and R&B artist Ryan Leslie for “negligent destruction” of a hard drive returned to him by the plaintiff after a $1 million reward was offered via YouTube. On November 28, a jury ordered him to pay the $1 million reward to the plaintiff.

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More Self-Documentation Features for Review Solutions – eDiscovery Best Practices
 More Self-Documentation Features for Review Solutions – eDiscovery Best Practices 150 150 CloudNine

As we discussed yesterday, one feature of review solutions that often gets overlooked is the ability for the review solution to automatically document searching and review activities. Not only does that make it easier to identify potential issues in the process; it also facilitates the ability for attorneys to demonstrate a defensible approach to discovery to the court. Let’s discuss two other areas where self-documentation can assist in the discovery analysis and review process.

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When Considering Review Solutions, Don’t Forget About Self-Documentation – eDiscovery Best Practices
 When Considering Review Solutions, Don’t Forget About Self-Documentation – eDiscovery Best Practices 150 150 CloudNine

When evaluating eDiscovery review solutions, there are a number of features that attorneys consider as part of their selection process. For example: What searching capabilities does the solution have? How does it handle native files? How does it support annotations and redactions of images? Can it support conceptual clustering and predictive coding? But, one feature that often gets overlooked is the ability for the review solution to automatically document searching and review activities. Not only does that make it easier to identify potential issues in the process; it also facilitates the ability for attorneys to demonstrate a defensible approach to discovery to the court.

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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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