Our Insights on eDiscovery

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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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eDiscovery Case Law: Pension Committee Precedent Takes One on the Chin
 eDiscovery Case Law: Pension Committee Precedent Takes One on the Chin 150 150 CloudNine

In Chin v. Port Authority of New York and New Jersey, the Second Circuit Court of Appeals ruled it was within a district court’s discretion not to impose sanctions against a party for its failure to institute a litigation hold.

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eDiscovery Trends: Cloud Computing – A Lot of Benefit for the Cost
 eDiscovery Trends: Cloud Computing – A Lot of Benefit for the Cost 150 150 CloudNine

An interesting article in The Metropolitan Corporate Counsel provides some useful, well-described benefits of cloud computing for eDiscovery (Cloud Computing And E-Discovery: Maximum Gain, Minimum Cost, written by Miró Cassetta). The author provides some good analogies to explain the different cloud service models, differences between private and public clouds and the benefits of using a Software-as-a-Service (SaaS) application. Let’s take a look.

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eDiscovery Best Practices: For Successful Predictive Coding, Start Randomly
 eDiscovery Best Practices: For Successful Predictive Coding, Start Randomly 150 150 CloudNine

Predictive coding is the hot eDiscovery topic of 2012, with three significant cases (Da Silva Moore v. Publicis Groupe, Global Aerospace v. Landow Aviation and Kleen Products v. Packaging Corp. of America) either approving or considering the use of predictive coding for eDiscovery. So, how should your organization begin when preparing a collection for predictive coding discovery? For best results, start randomly.

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