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: Sanctions for Spoliation, Even When Much of the Data Was Restored
 eDiscovery Case Law: Sanctions for Spoliation, Even When Much of the Data Was Restored 150 150 CloudNine

A Virginia court recently ordered sanctions against the defendant in a case of deliberate spoliation of electronic discovery documents. In E.I. Du Pont De Nemours & Co. v. Kolon Indus., Inc., No. 3:09cv58, 2011 WL 2966862 (E.D. Va. July 21, 2011), the defendant was found to have committed spoliation “in bad faith” in a manner that constituted a “violation of duty… to the Court and the judicial process.”

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eDiscovery Trends: North Carolina Adopts eDiscovery Rules
 eDiscovery Trends: North Carolina Adopts eDiscovery Rules 150 150 CloudNine

Earlier this year, Wisconsin and Connecticut adopted new eDiscovery rules. On October 1, changes to the North Carolina Rules of Civil Procedure will go into effect to provide guidelines for handling eDiscovery in North Carolina state courts. The rule changes, for the most part, follow the same guidelines as the 2006 Amendments to the Federal Rules of Civil Procedure. Here is a summary of the changes.

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eDiscovery Best Practices: When Collecting, Image is Not Always Everything
 eDiscovery Best Practices: When Collecting, Image is Not Always Everything 150 150 CloudNine

There was a commercial in the early 1990s for Canon cameras in which tennis player Andre Agassi uttered the quote that would haunt him for most of his early career – “Image is everything.” When it comes to eDiscovery preservation and collection, there are times when “Image is everything”, as in a forensic “image” of the media is necessary to preserve all potentially responsive ESI. However, forensic imaging of media is usually not necessary for Discovery purposes.

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Announcement: Trial Solutions is now CloudNine Discovery!
 Announcement: Trial Solutions is now CloudNine Discovery! 150 150 CloudNine

In addition to today’s regular blog post about eDiscovery case law, we have an important announcement: Trial Solutions is pleased to announce that we have officially changed our name to CloudNine Discovery!

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eDiscovery Case Law: "Untimely" Motion for Sanctions for Spoliation Denied
 eDiscovery Case Law: "Untimely" Motion for Sanctions for Spoliation Denied 150 150 CloudNine

A recent ruling by the US District Court of Tennessee has denied a motion for sanctions for spoliation on the grounds that the motion was “untimely.” In Am. Nat’l Prop. & Cas. Co. v. Campbell Ins., Inc., No. 3:08-cv-00604, 2011 WL 3021399 (M.D. Tenn. July 22, 2011), the plaintiff argued that the defendants’ admitted failure to preserve evidence “warrants a harsh penalty,” but the court found in favor of the defense that the motion was untimely.

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eDiscovery Trends: Same Old Story, Lawyers Struggling to “Get” eDiscovery
 eDiscovery Trends: Same Old Story, Lawyers Struggling to “Get” eDiscovery 150 150 CloudNine

A couple of days ago, Law Technology News (LTN) published an article entitled Lawyers Struggle to Get a Grasp on E-Discovery, by Gina Passarella, via The Legal Intelligencer. Noting that “[a]ttorneys have said e-discovery can eat up between 50 to 80 percent of a litigation budget”, the article had several good observations and quotes from various eDiscovery thought leaders. So, do you have a game plan for “getting” eDiscovery?

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eDiscovery Standards: How Does an Industry Get Them?
 eDiscovery Standards: How Does an Industry Get Them? 150 150 CloudNine

As discussed yesterday, there is a nascent, but growing, movement pushing for industry standards in eDiscovery. That’s something many litigators may chafe at, thinking that standards and industry benchmarks impose checklists or management processes that tell them how to do their job. But industry standards, when implemented well, provide not only a common standard of care, but can help provide a point of comparison to help drive buying decisions.

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eDiscovery Standards: Does the Industry Need Them?
 eDiscovery Standards: Does the Industry Need Them? 150 150 CloudNine

eDiscovery Daily recently ran a three part series analyzing eDiscovery cost budgeting. Cost has long been a driving force in eDiscovery decision-making, but it is just one dimension in choosing EDD services. Other industries have well-established standards for quality – think of the automotive or software industries, which have standard measures for defects or bugs. This year there has been a rising call for developing industry standards in eDiscovery to provide quality measures.

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eDiscovery Case Law: Bankruptcy Court Denies Foreign Access to Debtor's Emails
 eDiscovery Case Law: Bankruptcy Court Denies Foreign Access to Debtor's Emails 150 150 CloudNine

A Southern District of New York United States Bankruptcy Court denied access to a debtor’s emails on July 22, in a foreign request involving international eDiscovery. In re Toft, No. 11-11049 (ALG), 2011 WL 3023544 (Bankr. S.D.N.Y. July 22, 2011), the U.S. Bankruptcy Court determined that to permit a relief request from a German insolvency administrator would directly contravene the “fundamental principles” of U.S. public policy by undermining the right to privacy in electronic communications and the right of parties involved in any court order to receive notice of such proceedings and of their involvement.

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eDiscovery Trends: Cloud Covered by Ball
 eDiscovery Trends: Cloud Covered by Ball 150 150 CloudNine

What is the cloud, why is it becoming so popular and why is it important to eDiscovery? These are the questions being addressed—and very ably answered—in the recent article Cloud Cover (via Law Technology News) by computer forensics and eDiscovery expert Craig Ball, a previous thought leader interviewee on this blog. As far as the cloud’s importance to the law and to eDiscovery, he says, “the cloud is re-inventing electronic data discovery in marvelous new ways while most lawyers are still grappling with the old.”

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