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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Cloning of Computer Files: When There’s a Will, There’s a Way – eDiscovery Case Law
 Cloning of Computer Files: When There’s a Will, There’s a Way – eDiscovery Case Law 150 150 CloudNine

In Matter of Tilimbo, a court held it was permissible to order cloning of computer files where doing so did not place an unreasonable burden on a nonparty, appropriate steps were taken to protect any privileged information, and the nonparty had not previously produced the requested information in hard copy.

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eDiscovery Training Valued More Than eDiscovery Certification – eDiscovery Trends
 eDiscovery Training Valued More Than eDiscovery Certification – eDiscovery Trends 150 150 CloudNine

According to a survey conducted by eDJ Group and reported on by Barry Murphy within eDiscovery Journal (eDiscovery Education? Yes! eDiscovery Certification? Maybe…), almost all respondents believe that eDiscovery and education and training are important and three fourths of them believe that good eDiscovery education and training programs exist today. However, when it comes to the importance of eDiscovery certification programs and whether good programs exist today, slightly more than half of respondents responded favorably to eDiscovery certification programs.

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Are You Requesting the Best Production Format for Your Case? – eDiscovery Best Practices
 Are You Requesting the Best Production Format for Your Case? – eDiscovery Best Practices 150 150 CloudNine

One of the blogs I read regularly is Ball in your Court from Craig Ball, a previous thought leader interviewee on this blog. His post from last Tuesday, Are They Trying to Screw Me?, is one that all attorneys that request ESI productions should read.

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Defendant Appeals Sanctions, Only to See Sanction Amount Raised on Appeal – eDiscovery Case Law
 Defendant Appeals Sanctions, Only to See Sanction Amount Raised on Appeal – eDiscovery Case Law 150 150 CloudNine

In Multifeeder Tech. Inc. v. British Confectionery Co. Ltd., the defendant had been previously sanctioned $500,000 ($475,000 to the plaintiff and $25,000 to the court) and held in contempt of court by the magistrate judge for spoliation, who also recommended an adverse inference instruction be issued at trial. The defendant appealed to the district court, where Minnesota District Judge John Tunheim increased the award to the plaintiff to $600,000. Oops!

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EDRM Announces Version 3 of the IGRM for Information Governance – eDiscovery Trends
 EDRM Announces Version 3 of the IGRM for Information Governance – eDiscovery Trends 150 150 CloudNine

This week, the Electronic Discovery Reference Model (EDRM) Project, through its Information Governance Reference Model (IGRM) Project, announced today the release of version 3.0 of the IGRM. As their press release notes, “The updated model now includes privacy and security as primary functions and stakeholders in the effective governance of information. This release of the IGRM reflects broad industry support and collaboration across the expert communities of ARMA International and CGOC (Compliance, Governance and Oversight Council).”

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Want to be an eDiscovery PM? Roll Up Your Sleeves. – eDiscovery Trends
 Want to be an eDiscovery PM? Roll Up Your Sleeves. – eDiscovery Trends 150 150 CloudNine

I received an intriguing announcement from The Organization of Legal Professionals (OLP) regarding a new five month intensive certificate course in eDiscovery Project Management. The first course begins on November 13 and runs through the end of April, meeting essentially weekly with all classes recorded so that you can catch up if you miss one. Here are some details about the program.

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Proximity Searches Can Be the Right Balance of Recall and Precision – eDiscovery Best Practices
 Proximity Searches Can Be the Right Balance of Recall and Precision – eDiscovery Best Practices 150 150 CloudNine

When performing keyword searching, the challenge to performing those searches effectively is to balance recall (retrieving responsive documents with hits) and precision (not retrieving too many non-responsive documents with hits). A search that has 100% precision will contain only responsive documents; however, that does not mean that all of the responsive documents have been retrieved. A search that has 100% recall will contain all of the responsive documents in the collection; however, it may also contain a large number of non-responsive documents, which can be drive up review costs. So, how to perform searches that effectively balance recall and precision?

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eDiscovery Sanctions Can Happen in Police Brutality Cases Too – eDiscovery Case Law
 eDiscovery Sanctions Can Happen in Police Brutality Cases Too – eDiscovery Case Law 150 150 CloudNine

As reported in the Seattle Times, Pierce County (Washington) Superior Court Judge Stephanie Arend issued a $300,000 sanction against King County for failure to produce key documents illustrating the previous troubling behavior of a sheriff deputy who tackled Christopher Sean Harris and left him permanently brain-damaged. Judge Arend also indicated that the county would be liable for attorneys’ fees and possibly compensatory damages for the Harris family. This after King County had settled with the Harris family for $10 million in January 2011 during a civil trial in King County Superior Court.

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EDBP.com, A Lawyer Centric Work Flow Model for eDiscovery – eDiscovery Best Practices
 EDBP.com, A Lawyer Centric Work Flow Model for eDiscovery – eDiscovery Best Practices 150 150 CloudNine

Take a closer look – that’s not the EDRM model you see above. It’s the new EDBP model.
EDBP stands for Electronic Discovery Best Practices and is the brainchild of Ralph Losey, whose e-Discovery Team® blog is one of the must-read blogs (and one of the most in-depth) in the industry. Ralph is also National e-Discovery Counsel with the law firm of Jackson Lewis, LLP, an Adjunct Professor at the University of Florida College of Law teaching eDiscovery and advanced eDiscovery and has also previously been a thought leader interviewee on this blog. Other than all that, he’s not very busy.

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Twitter Turns Over Tweets in People v. Harris – eDiscovery Case Law
 Twitter Turns Over Tweets in People v. Harris – eDiscovery Case Law 150 150 CloudNine

As reported by Reuters, Twitter has turned over Tweets and Twitter account user information for Malcolm Harris in People v. Harris, after their motion for a stay of enforcement was denied by the Appellate Division, First Department in New York and they faced a finding of contempt for not turning over the information. Twitter surrendered an “inch-high stack of paper inside a mailing envelope” to Manhattan Criminal Court Judge Matthew Sciarrino, which will remain under seal while a request for a stay by Harris is heard in a higher court.

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