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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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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Searching for Email Addresses Can Have Lots of Permutations Too – eDiscovery Best Practices
 Searching for Email Addresses Can Have Lots of Permutations Too – eDiscovery Best Practices 150 150 CloudNine

Tuesday, we discussed the various permutations of names of individuals to include in your searching for a more complete result set, as well as the benefits of proximity searching (broader than a phrase search, more precise than an AND search) to search for names of individuals. Another way to identify documents associated with individuals is through their email addresses.

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What’s in a Name? Potentially, a Lot of Permutations – eDiscovery Best Practices
 What’s in a Name? Potentially, a Lot of Permutations – eDiscovery Best Practices 150 150 CloudNine

When looking for documents in your collection that mention key individuals, conducting a name search for those individuals isn’t always as straightforward as you might think. There are potentially a number of different ways names could be represented and if you don’t account for each one of them, you might fail to retrieve key responsive documents – OR retrieve way too many non-responsive documents. Here are some considerations for conducting name searches.

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