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.
read moreAn 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.
read morePredictive 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.
read moreIn 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.
read moreAccording 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.
read moreSo, 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.
read moreAs 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.”
read moreIn 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.
read moreWith 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.
read moreLast 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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