Our Insights on eDiscovery

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eDiscovery Case Law: No Sanctions Ordered for Failure to Preserve Backups
 eDiscovery Case Law: No Sanctions Ordered for Failure to Preserve Backups 150 150 CloudNine

A sanctions motion has been dismissed by the U.S. District Court of Texas in a recent case involving electronic backups and email records, on the grounds that there was no duty to preserve backup tapes and no bad faith in overwriting records.

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eDiscovery Best Practices: Legal Project Management is the Same as Project Management
 eDiscovery Best Practices: Legal Project Management is the Same as Project Management 150 150 CloudNine

I found this article (Holy semantics Batman! There is no such thing as ‘legal project management’) which provides a good look at legal project management on the Legal IT Professionals site from Jeffrey Brandt, a previous thought leader interviewee of eDiscovery Daily. It’s an interesting observation from the author as to what ‘legal project management’ really means.

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eDiscovery Case Law: Never Mind! Judge Scheindlin Withdraws FOIA Requests Opinion
 eDiscovery Case Law: Never Mind! Judge Scheindlin Withdraws FOIA Requests Opinion 150 150 CloudNine

Back in February, eDiscovery Daily reported that Southern District of New York Judge Shira A. Scheindlin’s latest opinion regarding eDiscovery best practices. In National Day Laborer Organizing Network v. U.S. Immigration and Customs Enforcement Agency, 10 Civ. 3488, she ruled that the federal government must provide documents “in a usable format” when it responds to Freedom of Information Act (FOIA) requests. Now, that opinion has been withdrawn.

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eDiscovery Trends: The Challenges of International eDiscovery
 eDiscovery Trends: The Challenges of International eDiscovery 150 150 CloudNine

Litigation would be simpler if business never crossed international boundaries, but it often does. Global corporations have dozens of offices and thousands of employees scattered around the world, while smaller businesses may outsource call center work or manufacturing to China, India, or other countries that offer inexpensive labor. As a result, eDiscovery can be complicated by international laws and the regulations regarding discovery across national borders.

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eDiscovery Case Law: District Court Judge Affirms $1 Million Sanction to Pappas in Victor Stanley
 eDiscovery Case Law: District Court Judge Affirms $1 Million Sanction to Pappas in Victor Stanley 150 150 CloudNine

One of the first posts ever published in eDiscovery Daily was this one, where defendant Mark Pappas, President of Creative Pipe, Inc., was ordered by Magistrate Judge Paul W. Grimm to “be imprisoned for a period not to exceed two years, unless and until he pays to Plaintiff the attorney’s fees and costs. Upon appeal, District Court Judge Marvin J. Garbis declined to adopt the order regarding incarceration, then in January of this year, Judge Grimm entered an order awarding a total of $1,049,850.04 in attorney’s fees and costs. Naturally, the award was appealed.

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eDiscovery Trends: You Have to Be Certifiable to Work in eDiscovery
 eDiscovery Trends: You Have to Be Certifiable to Work in eDiscovery 150 150 CloudNine

In any industry, it becomes important to be able to gauge the knowledge and capabilities of your service provider. Certification builds a client’s trust and confidence in the service provider. While no industry standard certification has emerged for eDiscovery professionals – yet – some independent certification programs are in various stages of implementation to measure proficiency with eDiscovery best practices. One program that is already in place today to verify eDiscovery competency is the Association of Certified E-Discovery Specialists® (ACEDS™) Certified E-Discovery Specialist (CEDS) certification program.

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eDiscovery Trends: More On the Recommind Patent Controversy
 eDiscovery Trends: More On the Recommind Patent Controversy 150 150 CloudNine

Perhaps the most controversial story discussed in the eDiscovery community in quite some time is the controversy regarding the patent recently announced by Recommind for Predictive Coding via press release entitled, Recommind Patents Predictive Coding, issued on June 8. I haven’t seen this much backlash against a company or individual since last summer when LeBron James’ decision to leave the Cleveland Cavaliers for the Miami Heat (and the subsequent championship-like celebration that he and his teammates conducted before the season). How did that turn out? 😉

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eDiscovery Case Law: Downloading Confidential Information Leads to Motion to Compel Production
 eDiscovery Case Law: Downloading Confidential Information Leads to Motion to Compel Production 150 150 CloudNine

The North Dakota District Court has recently decided in favor of a motion to compel production of electronic evidence, requiring imaging of computer hard drives, in a case involving the possible electronic theft of trade secrets.

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eDiscovery Best Practices: Avoiding eDiscovery Nightmares: 10 Ways CEOs Can Sleep Easier
 eDiscovery Best Practices: Avoiding eDiscovery Nightmares: 10 Ways CEOs Can Sleep Easier 150 150 CloudNine

I found this article in the CIO Central blog on Forbes.com from Robert D. Brownstone – it’s a good summary of issues for organizations to consider so that they can avoid major eDiscovery nightmares. The author counts down his top ten list David Letterman style (clever!) to provide a nice easy to follow summary of the issues. Here’s a summary recap, with my ‘two cents’ on each item.

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eDiscovery Trends: If You Use Auto-Delete, Know When to Turn It Off
 eDiscovery Trends: If You Use Auto-Delete, Know When to Turn It Off 150 150 CloudNine

Federal Rule of Civil Procedure 37(f), adopted in 2006, is known as the “safe harbor” rule. While it’s not always clear to what extent “safe harbor” protection extends, one case from a few years ago, Disability Rights Council of Greater Washington v. Washington Metrop. Trans. Auth., D.D.C. June 2007, seemed to indicate where it does NOT extend – auto-deletion of emails.

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