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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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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Another Social Media Discovery Request Ruled Overbroad – eDiscovery Case Law
 Another Social Media Discovery Request Ruled Overbroad – eDiscovery Case Law 150 150 CloudNine

As was the case in Mailhoit v. Home Depot previously, Magistrate Judge Mark R. Abel ruled in Howell v. The Buckeye Ranch that the defendant’s request (to compel the plaintiff to provide her user names and passwords for each of the social media sites she uses) was overbroad.

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Does This Scare You? – eDiscovery Horrors!
 Does This Scare You? – eDiscovery Horrors! 150 150 CloudNine

Today is Halloween. While we could try to “scare” you with the traditional “frights”, we’re an eDiscovery blog, so every year we try to “scare” you in a different way instead. Does this scare you?

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Russell Taber: eDiscovery in Tennessee – eDiscovery Trends
 Russell Taber: eDiscovery in Tennessee – eDiscovery Trends 150 150 CloudNine

We spend a lot of time discussing and referencing the Federal Rules of Civil Procedure, especially the changes adopted in 2006 to address handling of electronically stored information (ESI). But, not all cases are Federal jurisdiction cases. Many are state cases and each state (well, most of them anyway) have their own rules regarding eDiscovery. One of those states is Tennessee. Now, for those who practice law in Tennessee and need to address eDiscovery issues, there is a new book available to provide guidance in addressing those issues. Electronic Discovery in Tennessee: Rules, Case Law and Distinctions was written by W. Russell Taber III. I recently interviewed Russell regarding the book and asked him several questions about the book and about eDiscovery in Tennessee in general.

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Both Sides Instructed to Use Predictive Coding or Show Cause Why Not – eDiscovery Case Law
 Both Sides Instructed to Use Predictive Coding or Show Cause Why Not – eDiscovery Case Law 150 150 CloudNine

As reported in Ralph Losey’s e-Discovery Team® blog, Vice Chancellor J. Travis Laster in Delaware Chancery Court – in EORHB, Inc., et al v. HOA Holdings, LLC, – has issued a “surprise” bench order requiring both sides to use predictive coding and to use the same vendor.

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Proportionality Rules! (and other proportionality sources) – eDiscovery Best Practices
 Proportionality Rules! (and other proportionality sources) – eDiscovery Best Practices 150 150 CloudNine

I found this nice summary of Federal Rules of Civil Procedure and other sources that address proportionality and cooperation in eDiscovery from the Baker Hostetler blog, Discovery Advocate, written by Gil Keteltas entitled Advocating Proportionality? Start with the Rules! Here are the highlights.

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