Yesterday, Google announced the launch of an eDiscovery tool named Vault for its Google Apps business customers. Google Apps Vault is an add-on which preserves electronically stored information (ESI), including Gmail, chats and other correspondence to help users meet preservation obligations for litigation, regulation and compliance laws.
read moreSo, that’s why they call it “Facebook”. Because the “faces” never leave! Ba-dum-bah! Hey, I’m in town all week! Thanks to the Technologist for this article, by way of Ars Technica. If you have deleted any of your photos from Facebook in the past three years, you may be surprised to find that they are probably still on the company’s servers.
read moreA new survey from Robert Half Legal eDiscovery Services finds that spending by organizations on electronic discovery-related services grew in 2011 and should continue to increase through 2013. According to the survey of 350 attorneys in large law firms and corporations in the US and Canada, 23 percent of attorneys surveyed said their law firms and corporate legal departments increased eDiscovery expenditures in the last year, with 71 percent indicating that spending remained the same and just 2 percent indicating that they reduced spending. For 2012 and 2013, nearly one-third (33 percent) of attorneys expected to increase spending on eDiscovery, while 56 percent expect no change in spending and 4 percent expect to decrease eDiscovery spending.
read moreA 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.
read moreYesterday, 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.
read moreWhen 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.
read moreEighteen 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!
read moreYesterday, 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.
read moreA 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.
read moreYesterday, 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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