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 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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eDiscovery Best Practices: The Number of Pages in Each Gigabyte Can Vary Widely
 eDiscovery Best Practices: The Number of Pages in Each Gigabyte Can Vary Widely 150 150 CloudNine

A while back, we talked about how the average number of pages in each gigabyte is approximately 50,000 to 75,000 pages and that each gigabyte effectively culled out can save $18,750 in review costs. But, did you know just how widely the number of pages per gigabyte can vary?

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eDiscovery Case Law: On the Eve of Trial with Apple, Samsung is Dealt Adverse Inference Sanction
 eDiscovery Case Law: On the Eve of Trial with Apple, Samsung is Dealt Adverse Inference Sanction 150 150 CloudNine

In Apple Inc. v. Samsung Elecs. Co., California Magistrate Judge Paul S. Grewal stated last week that jurors can presume “adverse inference” from Samsung’s automatically deletion of emails that Apple requested in pre-trial discovery.

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eDiscovery Case Law: Twitter to Appeal Decision in People v. Harris
 eDiscovery Case Law: Twitter to Appeal Decision in People v. Harris 150 150 CloudNine

As reported by The Wall Street Journal, Twitter plans to appeal a court order requiring the company to produce messages posted by Malcolm Harris, an Occupy Wall Street activist facing criminal charges. He was one of more than 700 people arrested last October when demonstrators marched onto the Brooklyn Bridge roadway.

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eDiscovery Trends: Review Attorneys, Are You Smarter than a High Schooler?
 eDiscovery Trends: Review Attorneys, Are You Smarter than a High Schooler? 150 150 CloudNine

Review attorneys are taking a beating these days. There’s so much attention being focused on technology assisted review, with the latest study noting the cost-effectiveness of technology assisted review (when compared to manual review) having just been released this month. There is also the very detailed and well known white paper study written by Maura Grossman and Gordon Cormack (Technology-Assisted Review in E-Discovery can be More Effective and More Efficient that Exhaustive Manual Review) which notes not only the cost-effectiveness of technology assisted review but also that it was actually more accurate.

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eDiscovery Trends: Conduct Yourself Ethically with EDRM’s Model Code of Conduct
 eDiscovery Trends: Conduct Yourself Ethically with EDRM’s Model Code of Conduct 150 150 CloudNine

The Electronic Discovery Reference Model (EDRM) has made numerous contributions to the eDiscovery industry since it was founded in 2005, with the EDRM diagram (above) having become a universally accepted standard – rare in our industry – to reflect the eDiscovery life cycle. Last year, we noted the introduction of the EDRM Model Code of Conduct (MCoC), which focuses on the ethical duties of service providers associated with these five key principles and also provides a corollary for each principle to illustrate ethical duties of their clients. Now, your organization can subscribe to the MCoC to demonstrate its commitment to conducting itself in an ethical manner.

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eDiscovery Trends: Need to Catch Up on Trends Over the Last Six Weeks? Take a Time Capsule.
 eDiscovery Trends: Need to Catch Up on Trends Over the Last Six Weeks? Take a Time Capsule. 150 150 CloudNine

I try to set aside some time over the weekend to catch up on my reading and keep abreast of developments in the industry and although that’s sometimes that’s easier said than done, I stumbled across an interesting compilation of legal technology information from my friend Christy Burke and her team at Burke & Company. On Friday, Burke & Company released The Legal Technology Observer (LTO) Time Capsule on Legal IT Professionals. LTO was a 6 week concentrated collection of essays, articles, surveys and blog posts providing expert practical knowledge about legal technology, eDiscovery, and social media for legal professionals.

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eDiscovery Case Law: Judge Scheindlin Says “No” to Self-Collection, “Yes” to Predictive Coding
 eDiscovery Case Law: Judge Scheindlin Says “No” to Self-Collection, “Yes” to Predictive Coding 150 150 CloudNine

When most people think of the horrors of Friday the 13th, they think of Jason Voorhees. When US Immigration and Customs thinks of Friday the 13th horrors, do they think of Judge Shira Scheindlin? As noted in Law Technology News (Judge Scheindlin Issues Strong Opinion on Custodian Self-Collection, written by Ralph Losey, a previous thought leader interviewee on this blog), New York District Judge Scheindlin issued a decision last Friday (July 13) addressing the adequacy of searching and self-collection by government entity custodians in response to Freedom of Information Act (FOIA) requests.

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eDiscovery Trends: How Many Requests for User Information is Twitter Receiving? It’s Transparent.
 eDiscovery Trends: How Many Requests for User Information is Twitter Receiving? It’s Transparent. 150 150 CloudNine

As illustrated in the example we posted Tuesday, Twitter continues to receive requests from government agencies for user information (often related to litigation). How many are they receiving? Now, you can find out, simply by clicking on their new Transparency Report page to see the number of requests they have received.

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eDiscovery Case Law: “Tweets” Are Public and Must Be Produced, Judge Rules
 eDiscovery Case Law: “Tweets” Are Public and Must Be Produced, Judge Rules 150 150 CloudNine

First, Malcolm Harris tried to quash a subpoena seeking production of his Tweets and his Twitter account user information in his New York criminal case. That request was rejected, so Twitter then sought to quash the subpoena themselves, claiming that the order to produce the information imposed an “undue burden” on Twitter and even forced it to “violate federal law”. Now, the criminal court judge has ruled on Twitter’s motion.

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