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 Case Law: More Sanctions for Fry’s Electronics
 eDiscovery Case Law: More Sanctions for Fry’s Electronics 150 150 CloudNine

In E.E.O.C. v Fry’s Electronics, Inc., Washington District Judge Robert S. Lasnik ordered several sanctions against the defendant in this sexual harassment case (including ordering the defendant to pay $100,000 in monetary sanctions and ordering that certain evidence be considered presumptively admissible at trial), but stopped short of entering a default judgment against the defendant. This ruling came after having previously ordered sanctions against the defendant less than two months earlier.

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eDiscovery Trends: Use of Internet-Based Tools, Predictive Coding, Up in 2012, Says ABA
 eDiscovery Trends: Use of Internet-Based Tools, Predictive Coding, Up in 2012, Says ABA 150 150 CloudNine

According to a recently released report from the American Bar Association (ABA), use of Internet-based electronic discovery tools and predictive coding has risen in 2012. The 2012 ABA Legal Technology Survey Report: Litigation and Courtroom Technology (Volume III) discusses the use of technology related to litigation, ranging from hardware used in the courtroom to technology related to eDiscovery and e-filing. It includes a trend report summarizing this year’s notable results and highlighting changes from previous years.

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eDiscovery Best Practices: Assessing Your Data Before Meet and Confer Shouldn’t Be Expensive
 eDiscovery Best Practices: Assessing Your Data Before Meet and Confer Shouldn’t Be Expensive 150 150 CloudNine

So, you’re facing litigation and you need help from an outside provider to “get your ducks in a row” to understand how much data you have, how many documents have hits on key terms and estimate the costs to process, review and produce the data so that you’re in the best position to negotiate appropriate terms at the Rule 26(f) conference (aka, meet and confer). But, how much does it cost to do all that? It shouldn’t be expensive. In fact, it could even be free.

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eDiscovery Case Law: Major Bank and Law Firm Sanctioned for “Pattern of Discovery Abuses”
 eDiscovery Case Law: Major Bank and Law Firm Sanctioned for “Pattern of Discovery Abuses” 150 150 CloudNine

As noted in ABA Journal, Greenberg Traurig and its client, TD Bank, have received sanctions in Coquina Investments v. Rothstein for a “pattern of discovery abuses before, during, and after trial”. As U.S. District Judge Marcia Cooke noted, “it often times appears that this litigation was conducted in an Inspector Clouseau-like fashion. However, unlike a Pink Panther film, there was nothing amusing about this conduct and it did not conclude neatly.”

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eDiscovery Case Law: No Sanctions When You Can’t Prove Evidence Was Destroyed
 eDiscovery Case Law: No Sanctions When You Can’t Prove Evidence Was Destroyed 150 150 CloudNine

In Omogbehin v. Cino, the plaintiff claimed that the District Court erred in denying his motion for spoliation sanctions and appealed to the US Third Circuit Court of Appeals, but lost as the appellate court upheld the rulings by the district judge and magistrate judge.

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eDiscovery Trends: The Growth of eDiscovery is Transparent
 eDiscovery Trends: The Growth of eDiscovery is Transparent 150 150 CloudNine

With data in the world doubling every two years or so and the variety of issues that organizations need to address to manage that data from an eDiscovery standpoint, it would probably surprise none of you that the eDiscovery market is growing. But, do you know how quickly the market is growing? One research firm reports their forecast.

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eDiscovery Trends: Interview with Laura Zubulake of Zubulake’s e-Discovery, Part 2
 eDiscovery Trends: Interview with Laura Zubulake of Zubulake’s e-Discovery, Part 2 150 150 CloudNine

Last week, we discussed the new book by Laura A. Zubulake, the plaintiff in probably most famous eDiscovery case ever (Zubulake vs. UBS Warburg), entitled Zubulake’s e-Discovery: The Untold Story of my Quest for Justice. I also conducted an interview with Laura last week to get her perspective on the book, including her reasons for writing the book seven years after the case ended and what she expects readers to learn from her story. Yesterday was part 1. Here is the second and final part!

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eDiscovery Trends: Interview with Laura Zubulake of Zubulake’s e-Discovery
 eDiscovery Trends: Interview with Laura Zubulake of Zubulake’s e-Discovery 150 150 CloudNine

Last week, we discussed the new book by Laura A. Zubulake, the plaintiff in probably most famous eDiscovery case ever (Zubulake vs. UBS Warburg), entitled Zubulake’s e-Discovery: The Untold Story of my Quest for Justice. I also conducted an interview with Laura last week to get her perspective on the book, including her reasons for writing the book seven years after the case ended and what she expects readers to learn from her story.

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eDiscovery Case Law: Counsel, The Inadvertent Disclosure "Buck" Stops With You
 eDiscovery Case Law: Counsel, The Inadvertent Disclosure "Buck" Stops With You 150 150 CloudNine

Here is yet another case of inadvertently disclosed privileged documents. In Blythe v. Bell, North Carolina Business Superior Court Judge James L. Gale denied a motion for an order compelling the return of privileged documents inadvertently disclosed by the defendants, ruling that privilege had been waived on those documents.

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eDiscovery History: Zubulake’s e-Discovery
 eDiscovery History: Zubulake’s e-Discovery 150 150 CloudNine

In the 22 months since this blog began, we have published 133 posts related to eDiscovery case law. When discussing the various case opinions that involve decisions regarding to eDiscovery, it’s easy to forget that there are real people impacted by these cases and that the story of each case goes beyond just whether they preserved, collected, reviewed and produced electronically stored information (ESI) correctly. A new book, by the plaintiff in the most famous eDiscovery case ever, provides the “backstory” that goes beyond the precedent-setting opinions of the case, detailing her experiences through the events leading up to the case, as well as over three years of litigation.

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