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: Court Orders Sanctions in Response to "Callous and Careless Attitude" of Defendant in Discovery
 eDiscovery Case Law: Court Orders Sanctions in Response to "Callous and Careless Attitude" of Defendant in Discovery 150 150 CloudNine

A Special Master determined that multiple discovery failures on the part of the defendant in an indemnity action were due to discovery procedures “wholly devoid of competence, yet only once motivated by guile”. Accordingly, the court ordered sanctions against the defendant and also ordered the defendant to pay all costs associated with its discovery failures, including plaintiff’s attorney fees and costs.

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eDiscovery Budgeting, Part 3: Understanding the Elements Contributing to Cost
 eDiscovery Budgeting, Part 3: Understanding the Elements Contributing to Cost 150 150 CloudNine

We’ve spent some time in Part 1 and Part 2 of this series discussing the factors and assumptions that go into eDiscovery budgeting, but what about the concrete eDiscovery process itself? In addition to understanding the factors that go into budgeting, it’s important to recognize the elements that contribute to eDiscovery costs. There are five primary factors that contribute to the costs of eDiscovery in progress.

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eDiscovery Breaking News: News International to Suspend Deletion of Emails and Other Documents
 eDiscovery Breaking News: News International to Suspend Deletion of Emails and Other Documents 150 150 CloudNine

According to The Independent, staff at Rupert Murdoch’s newspapers has been warned to stop deleting any documents that may be relevant to the current investigations, as a suspension of its usual policy about deletion of documents goes into effect. Over the course of the 2011 investigation into illegal voicemail hacking by News International employees, there has been contention over the ongoing deletion of documents at the newspaper and its subsidiaries. But only during this past weekend did News International’s parent company, News Corp, finally send an email to all of its employees instructing them to take measures preventing the deletion of documents that might be related to the investigation, including emails and other ESI.

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eDiscovery Budgeting, Part 2: Key Assumptions and Choices That Affect eDiscovery Budgeting
 eDiscovery Budgeting, Part 2: Key Assumptions and Choices That Affect eDiscovery Budgeting 150 150 CloudNine

Friday, we talked about assumptions and elements that contribute to cost that need to be considered when budgeting for eDiscovery activities. Now that you know a bit about the factors surrounding the cost of eDiscovery, let’s take a look at budgeting and the estimates that attorneys provide to a client before beginning eDiscovery work. The first step in budgeting is to prepare an estimate based on your and your client’s best guesses and assumptions. What are some of these assumptions?

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eDiscovery Budgeting, Part 1: Assumptions and Elements that Contribute to Cost
 eDiscovery Budgeting, Part 1: Assumptions and Elements that Contribute to Cost 150 150 CloudNine

While attorneys may struggle with the regional and international regulations surrounding eDiscovery, your client is likely to be less concerned with the practical legal details of your discovery request, and more concerned with the financial cost. Whether you’re working with the plaintiff or the defense, one of the most important considerations in preparing for eDiscovery is presenting the expense accurately and completely to the client – and that means understanding for yourself the factors that go into budgeting for eDiscovery.

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eDiscovery Trends: How Blocking Statutes Affect International eDiscovery
 eDiscovery Trends: How Blocking Statutes Affect International eDiscovery 150 150 CloudNine

Over the past few weeks, we’ve discovered several challenges associated with international eDiscovery. In the course of pursuing discovery requests in foreign nations, US lawyers also often run into another serious legal snag: blocking statutes. These statutes prevent certain types of information from leaving the country where it originates, and can interfere with discovery of evidence in a number of ways.

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Working Successfully with eDiscovery and Litigation Support Service Providers: Preparing an eDiscovery Processing RFP, Part 2
 Working Successfully with eDiscovery and Litigation Support Service Providers: Preparing an eDiscovery Processing RFP, Part 2 150 150 CloudNine

Yesterday, we talked about the information you should include in a request for proposal for eDiscovery processing. Today we’ll review some questions you should ask of a service provider to help you to select the one that’s the best fit for your case.

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Working Successfully with eDiscovery and Litigation Support Service Providers: Preparing an eDiscovery Processing RFP
 Working Successfully with eDiscovery and Litigation Support Service Providers: Preparing an eDiscovery Processing RFP 150 150 CloudNine

Last week, we covered preparing a RFP for eDiscovery Collection and Forensics. This week’s RFP discussion will focus on processing eDiscovery, and today we’ll cover the information you should provide to a vendor regarding your collection and your requirements. Remember, the more thorough you are, the better the vendor will be able to gauge the scope and complexity of your project.

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eDiscovery Case Law: Meet and Confer is Too Late for Preservation Hold
 eDiscovery Case Law: Meet and Confer is Too Late for Preservation Hold 150 150 CloudNine

A US District court in Indiana ruled on June 28, 2011 in favor of a motion for an Order to Secure Evidence in an employment discrimination lawsuit. The defendant had given the plaintiff reason to believe that emails and other relevant documents might be destroyed prior to Rule 26(f) meeting between the parties or Rule 16(b) discovery conference with the court. As a result, the plaintiff formally requested a litigation hold on all potentially relevant documents, which was approved by US Magistrate Judge Andrew Rodovich.

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eDiscovery Case Law: Connecticut Approves Rules Updates Governing eDiscovery
 eDiscovery Case Law: Connecticut Approves Rules Updates Governing eDiscovery 150 150 CloudNine

Last year, eDiscovery Daily identified states that have not currently enacted any rules changes for eDiscovery. One of the states that had previously enacted eDiscovery rules changes – Connecticut – has updated their rules as Superior Court judges made several amendments to the Connecticut Practice Book that will affect eDiscovery and other legal practices in Connecticut courts.

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