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: 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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eDiscovery Trends: Your Chance to Comment on Code of Conduct for eDiscovery
 eDiscovery Trends: Your Chance to Comment on Code of Conduct for eDiscovery 150 150 CloudNine

The Electronic Discovery Reference Model (EDRM) has made numerous contributions to the eDiscovery industry since it was founded in 2005, with the EDRM diagram (above) having become a universally accepted standard to reflect the eDiscovery life cycle. The latest contribution is a first draft of the EDRM Model Code of Conduct (MCoC), which focuses on the ethical duties of service providers associated with these five key principles and also provides a corollary for each principle to illustrate ethical duties of their clients.

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eDiscovery Trends: NY Times Says US Government Has Its Head in the Clouds
 eDiscovery Trends: NY Times Says US Government Has Its Head in the Clouds 150 150 CloudNine

As noted a few months ago, Forrester and Gartner have predicted big growth for the cloud computing industry, with Forrester predicting nearly a six-fold growth in nine years. In eDiscovery, these solutions support every phase of the EDRM life cycle, from Identification to Presentation. Earlier this week, the New York Times published an article entitled Tight Budget? Look to the ‘Cloud’, written by Vivek Kundra, the Obama administration’s chief information officer from 2009 until earlier this month, who discussed some significant cost savings within government agencies from shifting to cloud based solutions.

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eDiscovery Trends: A Site Designed to Facilitate Meet and Confer Conferences
 eDiscovery Trends: A Site Designed to Facilitate Meet and Confer Conferences 150 150 CloudNine

The past two days, we discussed the basics of the Rule 26(f) “meet and confer” conference and details regarding the topics to discuss during that conference. Hopefully, you found that review informative. Now, as noted in a recent Law Technology News article by Sean Doherty, there’s a web application to facilitate the process to prepare for and conduct the Rule 26(f) conference.

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eDiscovery Rules: ESI Topics of the "Meet and Confer"
 eDiscovery Rules: ESI Topics of the "Meet and Confer" 150 150 CloudNine

Yesterday, we talked about the basics of the Rule 26(f) “meet and confer” conference, Today, let’s go into more detail about the topics that are typically covered during the “meet and confer”, and why. The “meet and confer” conference focuses on the exchange of information regarding discovery and the creation of a comprehensive plan that will govern the sharing and privilege of ESI. Accordingly, the requirements of this meeting specify discussion of the following topics…

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eDiscovery Rules: What's Really Required for the "Meet and Confer"?
 eDiscovery Rules: What's Really Required for the "Meet and Confer"? 150 150 CloudNine

Almost any litigation professional who works with eDiscovery is aware of the Rule 26(f) “meet and confer” conference, but many don’t fully understand its parameters and how it affects ESI. What exactly is the “meet and confer” and what are some of its implications in regard to eDiscovery?

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eDiscovery Case Law: Defendants' Privilege Waived for "Completely Ineffective" Discovery Procedures
 eDiscovery Case Law: Defendants' Privilege Waived for "Completely Ineffective" Discovery Procedures 150 150 CloudNine

In a case over purported building and zoning code violations, an Illinois District Court has found the defendants responsible for inadvertently producing several privileged documents during discovery and for a failure to correct the problem in a timely manner, and has ordered the privilege to be waived.

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eDiscovery Trends: Lawyers Versus Machines – Who’s “Winning”?
 eDiscovery Trends: Lawyers Versus Machines – Who’s “Winning”? 150 150 CloudNine

As discussed on this blog, mainstream publications including The New York Times and Forbes have noticed the rise of search technology in discovery, particularly predictive coding. The New York Times article, Armies of Expensive Lawyers, Replaced by Cheaper Software, inspired a lot of consternation in the legal community by proposing that technology was replacing human lawyers.

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