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 Case Law: Da Silva Moore Plaintiffs Question Predictive Coding Proposal, Judge Peck’s Activities
 eDiscovery Case Law: Da Silva Moore Plaintiffs Question Predictive Coding Proposal, Judge Peck’s Activities 150 150 CloudNine

A few weeks ago, in Da Silva Moore v. Publicis Groupe & MSL Group, Magistrate Judge Andrew J. Peck of the U.S. District Court for the Southern District of New York issued an opinion making it likely the first case to accept the use of computer-assisted review of electronically stored information (“ESI”) for this case. However, on March 13, District Court Judge Andrew L. Carter, Jr. granted plaintiffs’ request to submit additional briefing on their February 22 objections to the ruling. In that briefing (filed last Monday, March 26), the plaintiffs claimed that the protocol approved for predictive coding “risks failing to capture a staggering 65% of the relevant documents in this case” and questioned Judge Peck’s relationship with defense counsel and with the selected vendor for the case, Recommind.

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eDiscovery Best Practices: Issuing the Hold is Just the Beginning
 eDiscovery Best Practices: Issuing the Hold is Just the Beginning 150 150 CloudNine

Yesterday, we discussed identifying custodians, preparing a written litigation hold, issuing the hold and tracking responses. Today, we’ll discuss interviewing hold notice recipients, follow up on notices, releasing holds when the obligation to preserve is removed and tracking all holds within an organization. Here are the rest of the best practices for implementing a litigation hold.

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eDiscovery Best Practices: Hold It Right There!
 eDiscovery Best Practices: Hold It Right There! 150 150 CloudNine

When we reviewed key case decisions from last year related to eDiscovery, the most case law decisions were those related to sanctions and spoliation issues. Most of the spoliation sanctions were due to untimely or inadequate preservation of the data for litigation. As noted in Zubulake, Judge Shira Sheindlin ruled that parties in litigation have an obligation to preserve potentially relevant data as soon as there is a reasonable expectation that data may be relevant to future litigation. However, even if the party reacts in a timely manner to take steps to preserve data through a litigation hold, but executes those steps poorly, data can be lost and sanctions can occur. Here are some best practices for implementing a litigation hold.

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eDiscovery Daily Is Eighteen! (Months Old, That Is)
 eDiscovery Daily Is Eighteen! (Months Old, That Is) 150 150 CloudNine

Eighteen months ago yesterday, eDiscovery Daily was launched. A lot has happened in the industry in eighteen months. We thought we might be crazy to commit to a daily blog each business day. We may be crazy indeed, but we still haven’t missed a business day yet. As we’ve done in the past, we like to take a look back every six months at some of the important stories and topics during that time. So, here are some posts over the last six months you may have missed. Enjoy!

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eDiscovery Case Law: Not So Fast On eDiscovery Cost Reimbursement
 eDiscovery Case Law: Not So Fast On eDiscovery Cost Reimbursement 150 150 CloudNine

Yesterday, we noted a potential reversal in the case approving computer-assisted review of electronically stored information (“ESI”) in the Southern District of New York. Today, we look at another eDiscovery ruling where a significant reduction in award amount was ruled.

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eDiscovery Case Law: Not So Fast on Computer Assisted Review
 eDiscovery Case Law: Not So Fast on Computer Assisted Review 150 150 CloudNine

A few weeks ago, in Da Silva Moore v. Publicis Groupe & MSL Group, No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y. Feb. 24, 2012), Magistrate Judge Andrew J. Peck of the U.S. District Court for the Southern District of New York issued an opinion approving of the use of computer-assisted review of electronically stored information (“ESI”) for this case, making it likely the first case to recognize that “computer-assisted review is an acceptable way to search for relevant ESI in appropriate cases.” However, last Tuesday (March 13), District Court Judge Andrew L. Carter, Jr. granted plaintiffs’ request to submit additional briefing on their objections to the ruling.

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eDiscovery History: A Look Back at Zubulake
 eDiscovery History: A Look Back at Zubulake 150 150 CloudNine

Yesterday, we discussed a couple of cases within a month’s time where the New York Appellate Division has embraced the federal standards of Zubulake v. UBS Warburg LLC, 220 FRD 212. Those of us who have been involved in litigation support and discovery management for years are fully aware of the significance of the Zubulake case and its huge impact on discovery of electronic data. Even if you haven’t been in the industry for several years, you’ve probably heard of the case and understand that it’s a significant case. But, do you understand just how many groundbreaking opinions resulted from that case? For those who aren’t aware, let’s take a look back.

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eDiscovery Case Law: The Zubulake Rules of Civil Procedure
 eDiscovery Case Law: The Zubulake Rules of Civil Procedure 150 150 CloudNine

As noted in Law Technology News (N.Y. Appellate Division Continues to Press ‘Zubulake’ EDD Standard) recently, the New York Appellate Division has embraced the federal standards of Zubulake v. UBS Warburg LLC, 220 FRD 212 in two case rulings within a month’s time.

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eDiscovery Case Law: Plaintiff Not Compelled To Turn Over Facebook Login Information
 eDiscovery Case Law: Plaintiff Not Compelled To Turn Over Facebook Login Information 150 150 CloudNine

In Davids v. Novartis Pharm. Corp., No. CV06-0431, (E.D.N.Y. February 24, 2012), the Eastern District of New York ruled against the defendant on whether the plaintiff in her claim against a pharmaceutical company could be compelled to turn over her Facebook account’s login username and password.

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eDiscovery Best Practices: The Rest of the Team
 eDiscovery Best Practices: The Rest of the Team 150 150 CloudNine

When beginning a new eDiscovery project, it’s important to start by estimating the various tasks that will need to be performed and the type of personnel that will be needed. As the project unfolds, the tasks required to complete it may change, so it is important to revisit the project tasks and assignments to determine whether additional personnel are needed or if you can cut back. Yesterday, we began discussing the types of roles that could be associated with a typical eDiscovery project, here are some more.

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