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 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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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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