Our Insights on eDiscovery

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eDiscovery Year in Review: eDiscovery Case Law, Part 4
 eDiscovery Year in Review: eDiscovery Case Law, Part 4 150 150 CloudNine

As we noted the past three days, eDiscovery Daily has published 65 posts related to eDiscovery case decisions and activities over the past year, covering 50 unique cases! Yesterday, we looked back at cases related to discovery of social media. One final set of cases to review. The topic with the largest number of case law decisions (by far!) related to eDiscovery are those related to sanctions and spoliation issues (over a third of the total cases we reviewed). Here they are. As you’ll see, sanctions requested are not always granted. Then again, sometimes both sides get sanctioned!

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eDiscovery Year in Review: eDiscovery Case Law, Part 3
 eDiscovery Year in Review: eDiscovery Case Law, Part 3 150 150 CloudNine

As we noted the past two days, eDiscovery Daily has published 65 posts related to eDiscovery case decisions and activities over the past year, covering 50 unique cases! Yesterday, we looked back at cases related to privilege & inadvertent disclosures, proportionality and eDiscovery service disputes, including the notable McDermott Will & Emery eDiscovery malpractice case. But, we still have more cases to review. So, let’s keep going!

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eDiscovery Year in Review: eDiscovery Case Law, Part 2
 eDiscovery Year in Review: eDiscovery Case Law, Part 2 150 150 CloudNine

As we noted yesterday, eDiscovery Daily has published 65 posts related to eDiscovery case decisions and activities over the past year, covering 50 unique cases! Yesterday, we looked back at cases related to eDiscovery cost reimbursement, form of production and international discovery issues. But, there’s many more cases to recap. As Lt. Col Frank Slade would say, “I’m just getting warmed up”. Whoo Ah!

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eDiscovery Year in Review: eDiscovery Case Law, Part 1
 eDiscovery Year in Review: eDiscovery Case Law, Part 1 150 150 CloudNine

If 2012 is like recent years, there should be plenty of interesting developments in the eDiscovery industry. However, before we look ahead to the coming year, it’s worthwhile to look back at what transpired in 2011 to see what trends began to emerge last year. And, there is no better way to do that than to review key cases during the year. eDiscovery Daily has published 65 posts related to eDiscovery case decisions and activities over the past year, covering 50 unique cases! We grouped those cases into common subject themes and will review them over the next few posts. Perhaps you missed some of these? Now is your chance to catch up!

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eDiscovery Case Law: Court Grants Adverse Inference Sanctions Against BOTH Sides
 eDiscovery Case Law: Court Grants Adverse Inference Sanctions Against BOTH Sides 150 150 CloudNine

Have you ever seen the video where two boxers knock each other out at the same time? That’s similar to what happened in this case. In Patel v. Havana Bar, Restaurant & Catering, a case of dueling claims of spoliation, the court imposed sanctions against both parties for failing uphold their duty to preserve relevant evidence.

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eDiscovery Case Law: Plaintiff Not Required to Review Millions of Pages of Unallocated Space
 eDiscovery Case Law: Plaintiff Not Required to Review Millions of Pages of Unallocated Space 150 150 CloudNine

While plaintiff “should have known better than to agree to search terms” that arguably resulted in recovery from unallocated space files of 65 million pages of documents for plaintiff to review for privilege, a magistrate judge in I-Med Pharma, Inc. v. Biomatrix, Inc. properly excused plaintiff from its stipulation to produce such documents after reviewing them for privilege.

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eDiscovery Case Law: Award for Database Costs Reversed Due to Cost Sharing Agreement
 eDiscovery Case Law: Award for Database Costs Reversed Due to Cost Sharing Agreement 150 150 CloudNine

An award of costs of $938,957.72, including the winning party’s agreed half share of the cost of a database or $234,702.43, was reversed in Synopsys, Inc. v. Ricoh Co. (In re Ricoh Co. Patent Litigation). While the cost of the database could have been taxed to the losing party, the agreement between the parties on cost sharing controlled the ultimate taxation of costs.

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eDiscovery Trends: Joseph Collins
 eDiscovery Trends: Joseph Collins 150 150 CloudNine

Today’s thought leader is Joseph Collins. Joseph is the co-founder and president of VaporStream, which provides recordless communications. Joseph previously worked in the energy marketplace, but has become an advocate for private communication in business, even within the legal community.

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eDiscovery Trends: Sharon Nelson
 eDiscovery Trends: Sharon Nelson 150 150 CloudNine

Today’s thought leader is Sharon Nelson. Sharon is the President of Sensei Enterprises, where she has worked on the front lines of computer forensics and eDiscovery topics that are also discusses on her blog Ride the Lightning. She is a graduate of the Georgetown University Law Center and is the president elect of the Virginia Bar Association. Together, with her husband John Simek (interviewed last week), they are frequent speakers and authors on computer forensic issues.

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eDiscovery Case Law: Lilly Fails to Meet its eDiscovery Burden, Sanctions Ordered
 eDiscovery Case Law: Lilly Fails to Meet its eDiscovery Burden, Sanctions Ordered 150 150 CloudNine

In Nacco Materials Handling Group, Inc. v. Lilly Co., the court required the defendant to bear the costs of discovery where its preservation and collection efforts were “woefully inadequate.” Parties must cooperate and voluntarily preserve, search for, and collect ESI to avoid the imposition of sanctions.

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