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: 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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eDiscovery Trends: Interview with Joseph Collins Delayed
 eDiscovery Trends: Interview with Joseph Collins Delayed 150 150 CloudNine

We were unable to finalize the interview with Joseph Collins, president and co-founder of VaporStream in time for publication today as originally scheduled. The interview will be published at a later date. Our apologies for the delay.

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eDiscovery Trends: Joshua Poje
 eDiscovery Trends: Joshua Poje 150 150 CloudNine

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
 eDiscovery Trends: John Simek 150 150 CloudNine

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
 eDiscovery Trends: Bennett Borden 150 150 CloudNine

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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eDiscovery Trends: Jason R. Baron
 eDiscovery Trends: Jason R. Baron 150 150 CloudNine

Today’s thought leader is Jason R. Baron. Jason has served as National Archives’ Director of Litigation since 2000 and is Co-Chair of the Working Group on Electronic Document Retention and Production for the Sedona Conference. Jason is also one of the founding coordinators of the TREC Legal Track, a search project organized through the National Institute of Standards and Technology to evaluate search protocols used in eDiscovery. This year, Jason was awarded the Emmett Leahy Award for Outstanding Contributions and Accomplishments in the Records and Information Management Profession.

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eDiscovery Best Practices: When is it OK to Produce without Linear Review?
 eDiscovery Best Practices: When is it OK to Produce without Linear Review? 150 150 CloudNine

There was an interesting post in the EDD Update blog a few days ago entitled Ediscovery Production Without Review, written by Albert Barsocchini, Esq. The post noted that due to “[a]dvanced analytics, judicial acceptance of computer aided coding, claw back/quick-peek agreements, and aggressive use of Rule 16 hearings”, many attorneys are choosing to produce responsive ESI without spending time and money on a final linear review. A colleague of mine sent me an email with a link to the post and stated, “I would not hire a firm if I knew they were producing without a doc by doc review.” So, when (if ever) is it OK to produce without linear review?

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eDiscovery Trends: Announcing Holiday Thought Leader Series!
 eDiscovery Trends: Announcing Holiday Thought Leader Series! 150 150 CloudNine

eDiscoveryDaily thought quite a bit about what to get for our readers to celebrate these holidays, and what better to give you than interviews with some of the most influential thought leaders in eDiscovery today! Jason Krause has been working hard and “chased” down several well respected individuals and, as a result, we’re pleased to introduce the schedule for the series, which will begin this Wednesday, December 14. Here are the interviews that we will be publishing over the next two weeks!

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eDiscovery Case Law: Another Losing Plaintiff Taxed for eDiscovery Costs
 eDiscovery Case Law: Another Losing Plaintiff Taxed for eDiscovery Costs 150 150 CloudNine

As noted yesterday and back in May, prevailing defendants are becoming increasingly successful in obtaining awards against plaintiffs for reimbursement of eDiscovery costs. An award of costs to the successful defendants in a patent infringement action included $64,295 in costs for conversion of data to TIFF format and $5,950 for an eDiscovery project manager in Jardin v. DATAllegro, Inc.

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eDiscovery Case Law: Plaintiff Responsible for Taxation of eDiscovery Costs
 eDiscovery Case Law: Plaintiff Responsible for Taxation of eDiscovery Costs 150 150 CloudNine

Back in May, we discussed a case where the plaintiff, after losing its lawsuit, was responsible for repaying the defendant more than $367,000 in eDiscovery costs. In re Aspartame Antitrust Litig., a case with a “staggering” volume of discovery, successful defendants were awarded about $500,000 of their electronic discovery costs for a litigation database, imaging hard drives, keyword searches, de-duplication, and data extraction that allowed for cost-effective discovery. However, the court refused to award costs for defendants’ use of an eDiscovery program that provided visual clustering of documents and went beyond necessary keyword search and filtering functions.

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