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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eDiscovery Best Practices: Repairing a Corrupted Outlook PST File
 eDiscovery Best Practices: Repairing a Corrupted Outlook PST File 150 150 CloudNine

We like to believe that there will never be any problems with the data that we preserve, collect and process for eDiscovery purposes. Sometimes, however, critical data may be difficult or impossible to use. Perhaps key files are password protected from being opened and the only way to open them is to “crack” the password. Or, perhaps a key file may be corrupted. If that file is an Outlook Personal Storage Table (PST) file, that file corruption could literally make tens of thousands of documents unavailable for discovery unless the file can be repaired.

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eDiscovery Case Law: Social Media Is No Different than eMail for Discovery Purposes
 eDiscovery Case Law: Social Media Is No Different than eMail for Discovery Purposes 150 150 CloudNine

In Robinson v. Jones Lang LaSalle Americas, Inc., Oregon Magistrate Judge Paul Papak found that social media is just another form of electronically stored information (ESI), stating “I see no principled reason to articulate different standards for the discoverability of communications through email, text message, or social media platforms. I therefore fashion a single order covering all these communications.”

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eDiscovery Case Law: Google Awarded $1 Million from Oracle, But Denied Discovery Costs
 eDiscovery Case Law: Google Awarded $1 Million from Oracle, But Denied Discovery Costs 150 150 CloudNine

As noted in SiliconBeat and ARN, Judge William Alsup ordered Oracle on Tuesday to pay Google $1 million as reimbursement for Google’s fees for a court-appointed expert in their court battle over intellectual property and Google’s Android software. However, the ruling is only a partial victory for Google, who was seeking $4 million from Oracle in reimbursement of costs associated with the case.

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eDiscovery Trends: Nominate Your Favorite Blog by Tomorrow!
 eDiscovery Trends: Nominate Your Favorite Blog by Tomorrow! 150 150 CloudNine

With back to back weeks of political party conventions leading up to the elections in November, nominations are in the forefront of the minds of many Americans these days (at least those not watching the Giants and Cowboys kicking off the NFL season!). It’s an important time for our country. While not quite on a par with the presidential nomination, ABA Journal is currently asking for nominations for the best 100 legal blawgs, er, blogs.

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eDiscovery Trends: Florida Supreme Court Adopts New eDiscovery Rule Amendments
 eDiscovery Trends: Florida Supreme Court Adopts New eDiscovery Rule Amendments 150 150 CloudNine

As we discussed last October, the state of Florida has been working to adopt new rules regarding handling of eDiscovery. Earlier this summer, the Supreme Court of Florida approved eDiscovery rule amendments that were proposed by the Florida Bar’s Civil Procedure Rules Standing Committee. The amendments to address Electronically Stored Information (ESI) generally follow the 2006 amendments to the Federal Rules of Civil Procedure, are entirely contained within existing Rules 1.200, 1.201, 1.280, 1.340, 1.350, 1.380 and 1.410 of the Florida Rules of Civil Procedure and went into effect this past Saturday, September 1.

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eDiscovery Case Law: Citing Rule 26(g), Court Orders Plaintiff’s Counsel to Disclose Search Strategy
 eDiscovery Case Law: Citing Rule 26(g), Court Orders Plaintiff’s Counsel to Disclose Search Strategy 150 150 CloudNine

Our 501st post on the blog addresses S2 Automation LLC v. Micron Technology, where New Mexico District Judge James Browning ordered the plaintiff’s attorneys to disclose the search strategy their client used to identify responsive documents, based on Federal Rule 26(g) that requires attorneys to sign discovery responses and certify that they are “complete and correct.”

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eDiscovery Milestones: Our 500th Post!
 eDiscovery Milestones: Our 500th Post! 150 150 CloudNine

One thing about being a daily blog is that the posts accumulate more quickly. As a result, I’m happy to announce that today is our 500th post on eDiscoveryDaily! In less than two years of existence! So, what have we covered over the first 499 posts?

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eDiscovery Trends: Charges Against Suspect Dismissed Partially Over Storage of Two Terabytes
 eDiscovery Trends: Charges Against Suspect Dismissed Partially Over Storage of Two Terabytes 150 150 CloudNine

Law Technology News had an interesting article regarding a DEA criminal case written by Ryan J. Foley (Two Terabytes Too Much Evidence for DEA). Let’s discuss the scenario.

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eDiscovery Case Law: Apple Wins 1.05 Billion Dollar Verdict Against Samsung
 eDiscovery Case Law: Apple Wins 1.05 Billion Dollar Verdict Against Samsung 150 150 CloudNine

A jury of nine on Friday found that Samsung infringed all but one of the seven patents at issue in a high-stakes court battle between Apple Inc. and Samsung Electronics Co. The patent that they determined hadn’t infringed was a patent covering the physical design of the iPad. The jurors found all seven of Apple’s patents valid—despite Samsung’s attempts to have them thrown out. They also determined that Apple didn’t violate any of the five patents Samsung asserted in the case.

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eDiscovery Case Law: No Kleen Sweep for Technology Assisted Review
 eDiscovery Case Law: No Kleen Sweep for Technology Assisted Review 150 150 CloudNine

For much of the year, proponents of predictive coding and other technology assisted review (TAR) concepts have been pointing to three significant cases where the technology based approaches have either been approved or are seriously being considered. Da Silva Moore v. Publicis Groupe and Global Aerospace v. Landow Aviation are two of the cases, the third one is Kleen Products v. Packaging Corp. of America. However, in the Kleen case, the parties have now reached an agreement to drop the TAR-based approach, at least for the first request for production.

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