Our Insights on eDiscovery

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Today’s Webcast Will Help You Learn How to Keep Production from Becoming Such a Big Production: eDiscovery Webcasts
 Today’s Webcast Will Help You Learn How to Keep Production from Becoming Such a Big Production: eDiscovery Webcasts 465 267 CloudNine

Does it seem like eDiscovery production always turns into a big production? It doesn’t have to do so. There are a number of steps you can take to minimize the stress, cost and rework associated with producing electronically stored information to opposing counsel as well as to ensure that their production to you is as useful as possible. Today’s webcast will help you learn the steps and concepts to keep your productions from turning into a big production.

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Court Upholds Decision Not to Compel Plaintiff to Produce Unredacted Narrative of Events: eDiscovery Case Law
 Court Upholds Decision Not to Compel Plaintiff to Produce Unredacted Narrative of Events: eDiscovery Case Law 479 270 CloudNine

In Kratz v. Scott Hotel Group, LLC, Indiana District Judge Tanya Walton Pratt, stating “[t]o invoke schoolyard vernacular: no do-overs”, denied the defendant’s objections to the Magistrate Judge’s decision not to compel the plaintiff to produce versions of an unredacted narrative of events associated with his hotel stays and interactions with hotel staff.

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Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, Part Five
 Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, Part Five 620 413 CloudNine

Finally, I asked several of our stalwarts to address the questions I posed back in the Introduction to this article. Let’s see what their answers were.

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Court Sanctions US Government for Spoliation in Copyright Infringement Case: eDiscovery Case Law
 Court Sanctions US Government for Spoliation in Copyright Infringement Case: eDiscovery Case Law 479 270 CloudNine

In 4DD Holdings, LLC v. U.S., the US Court of Federal Claims, in an opinion issued by Judge Bruggink, “grant[ed] plaintiffs’ motion for sanctions because the government destroyed relevant evidence that it had a duty to preserve.” The Court directed the plaintiffs to “file a motion, appropriately supported, seeking a recovery of its costs and fees related to the motion for sanctions and with respect to discovery prompted by the destruction of evidence” and indicated it would “defer until summary judgment or trial the application of the evidentiary implications of this ruling.” The court also denied the defendant’s motion to dismiss “[b]ecause plaintiffs established that the government authorized or consented to SMS’s allegedly infringing activity when working in SMS labs.”

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Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, Part Four
 Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, Part Four 620 413 CloudNine

The next most popular choice for plaintiff eDiscovery pain points was lack of competence. Let’s see what our group of attorneys had to say about that challenge for plaintiffs’ attorneys.

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FTC Calling for National Data Privacy Law: Data Privacy Trends
 FTC Calling for National Data Privacy Law: Data Privacy Trends 265 265 CloudNine

Sure, we’ve talked about California’s Consumer Privacy Act (CCPA). And, we’ve also noted that there are at least 15 state data privacy laws that are working their way through the legislative process. But, is there anybody pushing for a national data privacy law? At least one Federal agency is doing so.

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Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, Part Three
 Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, Part Three 620 413 CloudNine

Now let’s turn to some of the individual responses. As I mentioned in part two, the most popular choice for plaintiff eDiscovery pain points was cooperation, so let’s take a look at the attorneys’ specific responses regarding cooperation challenges.

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Court Establishes Search Protocol to Address Plaintiff’s Motion to Compel: eDiscovery Case Law
 Court Establishes Search Protocol to Address Plaintiff’s Motion to Compel: eDiscovery Case Law 479 270 CloudNine

In Lawson v. Spirit Aerosystems, Inc., Kansas Magistrate Judge Angel D. Mitchell granted in part and denied in part the plaintiff’s motion to compel, ordering the defendant to produce documents related to two requests and, with regard to a third request, ordering the defendant to “produce these documents to the extent that such documents are captured by the ESI search protocol.”

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Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, Part Two
 Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, Part Two 620 413 CloudNine

With regard to my question regarding pain points in plaintiffs’ eDiscovery work, here is what our attorneys identified as the top 3 pain points experienced by plaintiffs’ attorneys.

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Are You Making Enough Money as an eDiscovery Professional?: eDiscovery Trends
 Are You Making Enough Money as an eDiscovery Professional?: eDiscovery Trends 518 359 CloudNine

Geez, if that blog post title doesn’t get your attention, I don’t know what will. The answer is: of course not! But, how do you demonstrate to your boss that you deserve a raise? Leave to Rob Robinson and another “mashup” to give you the data you need to make your point!

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