Our Insights on eDiscovery

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Our First Birthday! eDiscovery Daily is One Year Old Today!
 Our First Birthday! eDiscovery Daily is One Year Old Today! 150 150 CloudNine

Break out the birthday cake and the noisemakers! eDiscovery Daily is now a year old! One year ago today, we launched this blog with the ambitious goal of providing eDiscovery news and analysis every business day. And, we haven’t missed a day yet! Knock on wood! For those of you who have not been following eDiscovery Daily all year, here are some topics and posts you may have missed. Feel free to check them out!

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eDiscovery Case Update: J-M Manufacturing Tries to Clawback Privileged Documents at Issue in McDermott Malpractice Case
 eDiscovery Case Update: J-M Manufacturing Tries to Clawback Privileged Documents at Issue in McDermott Malpractice Case 150 150 CloudNine

One of the most talked about cases from an eDiscovery perspective this year is the case against McDermott Will & Emery for alleged malpractice in the disclosure of privileged documents. McDermott’s former client, J-M Manufacturing, has contended that 3,900 privileged documents were erroneously produced as part of 250,000 J-M electronic records that were reviewed under McDermott’s supervision. Now, J-M has filed a motion seeking clawback of 3,400 privileged documents it contends that McDermott wrongfully produced, claiming the US government and, then, their opponents in the case, received the documents erroneously from McDermott.

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eDiscovery Law: Texas Rule 196.4 Protects Parties from "Undue Burden or Cost"
 eDiscovery Law: Texas Rule 196.4 Protects Parties from "Undue Burden or Cost" 150 150 CloudNine

A recent article published in Texas Lawyer and reprinted on Law.com raises the question of extensive and costly eDiscovery requests and how to handle them. The authors of “Keep E-Discovery Costs from Torpedoing Litigation Budgets” present a hypothetical scenario where the opposing counsel has requested production of 10 years of legacy electronic data – a prospect that could cost more in recovery expenses than the value of the entire lawsuit. What is the best approach for counsel to take under the circumstances and what kind of legal recourse is there if producing extensive amounts of electronic information doesn’t make sense? Meet Texas Rule 196.4.

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eDiscovery Trends: Changes in Store for The Sedona Conference
 eDiscovery Trends: Changes in Store for The Sedona Conference 150 150 CloudNine

One of the most influential organizations in eDiscovery is The Sedona Conference® (TSC), a Arizona-based non-profit, non-partisan law and policy think tank that has made numerous contributions to the industry since it was founded in 1997. Some of the most recent contributions have been documented in this blog, including a commentary on proportionality released last year and database principles released earlier this year. A couple of weeks ago, TSC announced significant changes to their management structure. Those changes are described here.

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eDiscovery Trends: To Get the Latest Trends, Go Virtual
 eDiscovery Trends: To Get the Latest Trends, Go Virtual 150 150 CloudNine

Many of you have likely attended at least one LegalTech trade show at some point. LegalTech New York (LTNY) happens every year in the late January/early February time frame and there is also a LegalTech West Coast (LTWC) show later in the year (this year it was in mid-May). LTNY and LTWC usually have several good sessions, as well as the latest product and service offerings from exhibitors. But, what if you can’t make it to one of these shows? You can still stay abreast of the latest trends — virtually.

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eDiscovery Case Law: Are Attachments Part of the Email Or Are They Separate?
 eDiscovery Case Law: Are Attachments Part of the Email Or Are They Separate? 150 150 CloudNine

A Special Master recently investigated the legal standard concerning whether or not attachments must be produced with the emails to which they were attached in discovery proceedings, and determined that there is no certain answer to be found in case law precedent.

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A Marriage Made for eDiscovery: EDRM and ARMA
 A Marriage Made for eDiscovery: EDRM and ARMA 150 150 CloudNine

As discussed in our recent two-part series on eDiscovery standards, there is a growing movement to develop industry standards, frameworks, or reference models to help manage eDiscovery. This week, there was perhaps a major move in that direction as the Electronic Discovery Reference Model (EDRM) and ARMA International announced that they would be collaborating on information governance guidelines for eDiscovery.

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eDiscovery Case Law: Defendant Ordered to Re-Post Infringing Photograph to Facebook Profile
 eDiscovery Case Law: Defendant Ordered to Re-Post Infringing Photograph to Facebook Profile 150 150 CloudNine

In Katiroll Co., Inc. v. Kati Roll & Platters, Inc., No. 10-3620 (GEB), 2011 WL 3583408 (D.N.J. Aug. 3, 2011), a New Jersey court ordered the defendant to re-post a photograph displaying infringing trade dress to his Facebook profile for a brief period of time to allow the plaintiff to print copies, in a case involving trademark infringement.

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eDiscovery Trends: Social Media Lessons Learned Through Football
 eDiscovery Trends: Social Media Lessons Learned Through Football 150 150 CloudNine

The NFL Football season begins tonight with the kick-off game pitting the last two Super Bowl winners – the New Orleans Saints and the Green Bay Packers – against each other to start the season. An incident associated with my team – the Houston Texans – recently illustrated the issues associated with employees’ use of social media sites, which are being faced by every organization these days and can have eDiscovery impact as social media content has been ruled discoverable in many cases across the country.

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eDiscovery Trends: When you DE-NIST, A Lot May Be Missed
 eDiscovery Trends: When you DE-NIST, A Lot May Be Missed 150 150 CloudNine

eDiscovery Daily has referenced several articles in the past by Craig Ball, and also conducted a thought leader interview with him at LegalTech New York earlier this year. Craig regularly has great observations about eDiscovery trends that are not talked about in other forums, and last week on his blog, “Ball in your court”, Craig discussed shortcomings associated with “DE-NISTing”, which is the process of removing files from review that are standard components of the computer’s operating system and off-the-shelf software applications such as Microsoft Office applications. But, “DE-NISTing” may not remove as many files as you think.

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