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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What eDiscovery Professionals Can Learn from the Internet Gambling Crack Down

Many of you may have heard about the FBI cracking down on the three largest online gambling sites in the past few days, as the owners of those sites in the United States have been indicted and charged with bank fraud, money laundering and illegal gambling offenses and the sites have been essentially shut down in the US. Restraining orders have been issued against more than 75 bank accounts in 14 countries used by the poker companies. Many US customers of these sites are now scrambling to try to get their funds out of the sites and finding it difficult to do so. So what? This is an eDiscovery blog, right? What does an Internet gambling crack down have to do with eDiscovery?

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eDiscovery Trends: 2011 eDiscovery Errors Survey

As noted in Legal IT Professionals on Friday, LDM Global on Friday announced the results of its 2011 eDiscovery Errors survey. The company asked a selection of industry professionals their views on which errors they experienced most often during the discovery process. Results were collected from across the USA, Europe and Australia.

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eDiscovery Trends: Sedona Conference Database Principles

Last month, The Sedona Conference® Working Group on Electronic Document Retention & Production (WG1) published the Public Comment Version of The Sedona Conference® Database Principles – Addressing the Preservation & Production of Databases &Database Information in Civil Litigation to provide guidance and recommendations to both requesting and producing parties to simplify discovery of databases and information derived from databases. You can download the publication here.

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eDiscovery Case Law: Conclusion of Case Does Not Preclude Later Sanctions

In Green v. Blitz U.S.A., Inc., the defendant in a product liability action that had been settled over a year earlier was sanctioned for “blatant discovery abuses” prior to the settlement. Defendant was ordered to add $250,000 to its settlement with plaintiff, to provide a copy of the court’s order to every plaintiff in every lawsuit against defendant for the past two years or else forfeit an additional $500,000 “purging” sanction, and to include the order in its first responsive pleading in every lawsuit for the next five years in which defendant became involved.

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Working Successfully with eDiscovery and Litigation Support Service Providers: Is Checking References Important?

Over the years, I’ve been asked many times to serve as a reference for vendors with which I’ve worked. And, I’ve taken many reference-check phone calls. More often than not, those calls were less efficient and productive than they could have been — because they weren’t planned and good questions were not asked. In the next blogs in this series I’ll make some suggestions for doing an effective reference check.

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eDiscovery Best Practices: Your ESI Collection May Be Larger Than You Think

Here’s a sample scenario: You identify custodians relevant to the case and collect files from each. Roughly 100 gigabytes (GB) of Microsoft Outlook email PST files and loose “efiles” is collected in total from the custodians. You identify a vendor to process the files to load into a review tool, so that you can perform first pass review and, eventually, linear review and produce the files to opposing counsel. After processing, the vendor sends you a bill – and they’ve charged you to process over 200 GB!! What happened?!?

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eDiscovery Trends: Jurors and Social Media Don’t Mix

Discovery of social media is continuing to increase as a significant issue for organizations to address, with more and more cases addressing the topic, including this one and this one that have reached various conclusions regarding the discoverability of social media. However, when it comes to social media, courts agree on one thing: jurors and social media don’t mix. Courts have consistently rejected attempts by jurors to use social technology to research or to communicate about a case, and have increasingly provided pre-trial and post-closing jury instructions to jurors to dissuade them from engaging in this practice.

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Working Successfully with eDiscovery and Litigation Support Service Providers: Information to Provide in an RFP

Open, two-way communication with a service provider is absolutely critical to a successful project. It needs to start early, even before a project starts. For many projects, it starts with the Request for Proposal (RFP). Your goal with an RFP is to get good information from a vendor: information on pricing, information on schedule, information on approach, and information on deliverables. To give you complete, accurate information, they need information from you.

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