Yesterday, 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 Now, that opinion has been withdrawn.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.
read morePerhaps 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? 😉
read moreThe 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.
read moreI 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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