Our Insights on eDiscovery

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eDiscovery Best Practices: Test Your Searches Before the Meet and Confer
 eDiscovery Best Practices: Test Your Searches Before the Meet and Confer 150 150 CloudNine

When litigation is anticipated, it’s never too early to begin collecting potentially responsive data and assessing it by performing searches and testing the results. However, if you wait until after the meet and confer with opposing counsel, it can be too late.

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eDiscovery Best Practices: Smoking Gun Shoots Blanks, Google Wins Latest Battle in “Smartphone War” with Oracle
 eDiscovery Best Practices: Smoking Gun Shoots Blanks, Google Wins Latest Battle in “Smartphone War” with Oracle 150 150 CloudNine

Despite a significant inadvertent disclosure of information during Google’s litigation with Oracle Corp., U.S. District Judge William Alsup last Thursday (May 31) dismissed claims that its Android mobile phone platform infringes Oracle’s copyrights relating to the Java computer language.

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eDiscovery Case Law: Court Allows Third Party Discovery Because Defendant is an “Unreliable Source”
 eDiscovery Case Law: Court Allows Third Party Discovery Because Defendant is an “Unreliable Source” 150 150 CloudNine

Repeatedly referring to the defendant’s unreliability and untrustworthiness in discovery and “desire to suppress the truth,” Nebraska Magistrate Judge Cheryl R. Zwart found, in Peter Kiewit Sons’, Inc. v. Wall Street Equity Group, Inc., that the defendant avoided responding substantively to the plaintiff’s discovery requests through a pattern of destruction and misrepresentation and therefore monetary sanctions and an adverse jury instruction at trial were appropriate.

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eDiscovery Searching: Don’t Let Stop Words Stop You From Effective Searching
 eDiscovery Searching: Don’t Let Stop Words Stop You From Effective Searching 150 150 CloudNine

When providing searching assistance to my clients and reviewing their proposed list of search terms, one of the considerations I use for evaluating those terms is whether they contain any potential “stop” words that might affect their search results. Stop words (also known as noise words) are words – such as to, or, not, etc. – which are so common that they are not considered useful in searches.

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eDiscovery Case Law: Spoliation of Data Can Lead to Your Case Being Dismissed
 eDiscovery Case Law: Spoliation of Data Can Lead to Your Case Being Dismissed 150 150 CloudNine

In In 915 Broadway Associates LLC v. Paul, Hastings, Janofsky & Walker, LLP, the New York Supreme Court imposed the severest of sanctions against the plaintiffs for spoliation of evidence – dismissal of their $20 million case.

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eDiscovery Case Law: Inadvertent Disclosure By Expert Waives Privilege
 eDiscovery Case Law: Inadvertent Disclosure By Expert Waives Privilege 150 150 CloudNine

In Ceglia v. Zuckerberg (the case where Paul Ceglia is suing claiming 84% ownership of Facebook due to an alleged agreement he had with Mark Zuckerberg back in 2003), New York Magistrate Judge Leslie G. Foschio ruled that an information technology expert’s inadvertent disclosure waived the attorney-client privilege where the plaintiff could not show that it (1) took reasonable steps to prevent the disclosure of the e-mail and (2) took reasonable steps to rectify the error once it discovered the disclosure.

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eDiscovery Cautionary Tales: Inadvertent Disclosure Leaves Naked Short Selling Practices Exposed
 eDiscovery Cautionary Tales: Inadvertent Disclosure Leaves Naked Short Selling Practices Exposed 150 150 CloudNine

While traveling back from Los Angeles for LegalTech West Coast 2012 (LTWC) this week, I saw an interesting story on the Above the Law blog (with references to The Economist, DeepCapture and Rolling Stone) regarding a litigation blunder committed by a major law firm on behalf of a major client, inadvertently disclosing an unredacted version of a sensitive document.

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eDiscovery Trends: Wednesday LTWC 2012 Sessions
 eDiscovery Trends: Wednesday LTWC 2012 Sessions 150 150 CloudNine

As noted yesterday, LegalTech West Coast 2012 (LTWC) is happening this week and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. There’s still time to check out the show if you’re in the Los Angeles area with a number of sessions (both paid and free) available and 69 exhibitors providing information on their products and services, including (shameless plug warning!) my company, CloudNine Discovery, which just announced yesterday release of Version 11 of our linear review application, OnDemand®, and will be exhibiting at booth #216 along with our partners, First Digital Solutions. Come by and say hi!

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eDiscovery Trends: Welcome to LegalTech West Coast 2012!
 eDiscovery Trends: Welcome to LegalTech West Coast 2012! 150 150 CloudNine

Today is the start of LegalTech® West Coast 2012 (LTWC) and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. Over the next two days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered. If you’re in the Los Angeles area, come check out the show – there are a number of sessions (both paid and free) available and 69 exhibitors providing information on their products and services, including (shameless plug warning!) my company, CloudNine Discovery, which just announced today release of Version 11 of our linear review application, OnDemand®, and will be exhibiting at booth #216 along with our partners, First Digital Solutions. Come by and say hi!

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eDiscovery Trends: For Da Silva Moore Addicts
 eDiscovery Trends: For Da Silva Moore Addicts 150 150 CloudNine

I am getting prepared to head for sunny Los Angeles for LegalTech West Coast shortly, so today I’m getting by with a little help from my friends. Tomorrow and Wednesday, I’ll be covering the show. It wouldn’t be a week in eDiscovery without some tidbits about the Da Silva Moore case, so here are some other sources of information and perspectives about the eDiscovery case of the year (so far). But, first, let’s recap.

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