A Pennsylvania court recently ordered the plaintiff in a personal injury lawsuit to disclose social media passwords and usernames to the defendant for eDiscovery. Discoverability of social media continues to be a hot topic in eDiscovery, as eDiscovery Daily has noted in summaries of prior cases that reflect varied outcomes for requests to access social media data.
read moreLast week, we talked about several challenges of international eDiscovery, including different laws regarding discovery practices, as well as cultural and privacy issues. This week, we will talk about one of the primary mechanisms for conducting discovery internationally – the Hague Convention.
read moreIn the past several weeks, we’ve talked a lot about working with service providers. We’ve covered what to look for when you’re evaluating vendors, how to select vendors, how to monitor vendor work and prevent problems, and how to establish and manage a preferred vendor program in a law firm. In the next few posts (which will conclude this vendor series), I will give you some very concrete information that will help you to generate good requests for proposals (RFPs).
read moreYesterday, we reported on a case with no sanctions; today, we report on a case with a different outcome. Both the plaintiff and plaintiff’s counsel have been ordered to pay sanctions for discovery abuses in a lawsuit in Washington court that was dismissed with prejudice on June 8, 2011.
read moreA 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.
read moreI 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.
read moreBack 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.
read moreLitigation 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.
read moreOne 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.
read moreIn 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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