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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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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Judge Carter Refuses to Recuse Judge Peck in Da Silva Moore – eDiscovery Trends
 Judge Carter Refuses to Recuse Judge Peck in Da Silva Moore – eDiscovery Trends 150 150 CloudNine

It seems like ages ago when New York Magistrate Judge Andrew J. Peck denied the motion of the plaintiffs in Da Silva Moore v. Publicis Groupe & MSL Group to recuse himself in the case. It was all the way back in June. Now, District Court Judge Andrew L. Carter, Jr. has ruled on the plaintiff’s recusal request.

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Defendant Claiming Not Reasonably Accessible Data Has Some ‘Splaining To Do – eDiscovery Case Law
 Defendant Claiming Not Reasonably Accessible Data Has Some ‘Splaining To Do – eDiscovery Case Law 150 150 CloudNine

In Murray v. Coleman, the plaintiff alleged harassment and retaliation in connection with his employment with the New York State Department of Correctional Services (DOCS). This discovery dispute arose when the plaintiff requested access to certain electronic records, alleging that the defendants withheld them.

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ARMA/Forrester Survey: Only One in Eight Records Managers Trusts Their ESI – eDiscovery Trends
 ARMA/Forrester Survey: Only One in Eight Records Managers Trusts Their ESI – eDiscovery Trends 150 150 CloudNine

According to the Forrester Research and ARMA International Records Management Online Survey, Q3 2012, only 12 percent of records managers are “very confident” that, if challenged, their organization could demonstrate that their electronically stored information (ESI) is “accurate, accessible, complete and trustworthy”. That’s less than one in eight.

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Five Reasons to Outsource Litigation Support – eDiscovery Best Practices
 Five Reasons to Outsource Litigation Support – eDiscovery Best Practices 150 150 CloudNine

When you’re Jackson Lewis and your firm’s national eDiscovery counsel is noted eDiscovery expert and founder of the new Electronic Discovery Best Practices (EDBP.com) (as well as previous thought leader interviewee on this blog) Ralph Losey, it would make sense that you would want to handle all of your litigation support work in house. Right? Wrong.

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Defendant Ordered to Retain Outside Vendor, Monetary Sanction Awarded – eDiscovery Case Law
 Defendant Ordered to Retain Outside Vendor, Monetary Sanction Awarded – eDiscovery Case Law 150 150 CloudNine

In Carrillo v. Schneider Logistics, Inc., California Magistrate Judge David Bristow ordered the defendant to “retain, at its expense, an outside vendor, to be jointly selected by the parties, to collect electronically stored information and email correspondence”. The defendant was ordered to produce all surveillance videotapes responsive to plaintiffs’ discovery requests and monetary sanctions were awarded for plaintiff’s attorney fees and costs incurred as a result of the defendant’s discovery violations.

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