Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.

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

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

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

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

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 Trends: Joshua Poje

Today’s thought leader is Joshua Poje. Joshua is a Research Specialist with the American Bar Association’s Legal Technology Resource Center, which publishes the Annual Legal Technology Survey. He is a graduate of DePaul University College of Law and Augustana College.

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eDiscovery Trends: John Simek

Today’s thought leader is John Simek. John is the Vice President of Sensei Enterprises, a computer forensics firm in Fairfax, Va, where he has worked since 1997. He is an EnCase Certified Examiner and is a nationally known testifying expert in computer forensic issues. Together with his wife, Sharon Nelson, John has become a frequent speaker on eDiscovery topics and digital forensic issues. We have also interviewed Sharon, who serves as Sensei’s President, for this series, and her interview will appear this coming Wednesday.

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eDiscovery Trends: Bennett Borden

Today’s thought leader is Bennett B. Borden. Bennett is the co-chair of Williams Mullen’s eDiscovery and Information Governance Section. Based in Richmond, Va., his practice is focused on Electronic Discovery and Information Law. He has published several papers on the use of predictive coding in litigation. Bennett is not only an advocate for predictive coding in review, but has reorganized his own litigation team to more effectively use advanced computer technology to improve eDiscovery.

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