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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Here’s a Webcast to Help Plaintiff’s Attorneys Conquer Their Biggest eDiscovery Challenges: eDiscovery Webcasts
 Here’s a Webcast to Help Plaintiff’s Attorneys Conquer Their Biggest eDiscovery Challenges: eDiscovery Webcasts 150 150 CloudNine

As we learned in Tom O’Connor’s recent five part blog series, it seems as though the eDiscovery deck is stacked against plaintiff’s attorneys. Defendants seem to have all the resources, the technical know-how and the interest of the major eDiscovery vendors while the plaintiffs often have few resources, technical knowledge or eDiscovery experience. How do plaintiff’s attorneys bridge that gap? Here’s a webcast that will help put those plaintiff’s attorneys on a more equal footing with their defendant counterparts.

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If You’re Reading This, It Probably Doesn’t Apply to You: eDiscovery Best Practices
 If You’re Reading This, It Probably Doesn’t Apply to You: eDiscovery Best Practices 150 150 CloudNine

On the veritable eve of the annual Georgetown Law Center eDiscovery Training Academy, Craig Ball (who is in the midst of that very academy now) has asked the question Have We Lost the War on E-Discovery? But, if you’re reading that (or this blog post), it probably doesn’t apply to you.

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With No Showing of Prejudice, Court Denies Spoliation Sanctions Against Defendant: eDiscovery Case Law
 With No Showing of Prejudice, Court Denies Spoliation Sanctions Against Defendant: eDiscovery Case Law 150 150 CloudNine

In Mafille v. Kaiser-Francis Oil Co., Oklahoma Magistrate Judge Frank H. McCarthy, finding that the plaintiffs “have not demonstrated they have been prejudiced” by the loss of the plaintiff former employee’s work computer, denied the plaintiffs’ motion for sanctions “without prejudice to reassertion of the motion if through discovery it is determined that some specific evidence is beyond Plaintiffs’ reach” for the defendant’s “clear failure” to preserve the computer.

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If You’re “Certifiable”, You Must Be “Committed”: eDiscovery Trends
 If You’re “Certifiable”, You Must Be “Committed”: eDiscovery Trends 150 150 CloudNine

Despite what the title might suggest, this is an eDiscovery related post, not a psychological one. Certifications have become increasingly important in eDiscovery today and a couple of recent events illustrate how “committed” CloudNine is to eDiscovery professionals who are “certifiable”.

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Does Louisiana’s Tech Ethics Opinion Miss the Mark? Depends on Who You Ask: eDiscovery Trends
 Does Louisiana’s Tech Ethics Opinion Miss the Mark? Depends on Who You Ask: eDiscovery Trends 150 150 CloudNine

Last week, I read an article from Bob Ambrogi on Above the Law, that discussed his opinion (as well as that of Nicole Black, discussed in her Sui Generis blog) that the recently adopted Louisiana ethics opinion misses the mark with regard to guidance to lawyers regarding their ethical duty to understand technology. When I saw that, I reached out to my good buddy Tom O’Connor (and the longest tenured Louisiana attorney I know, sorry Craig), for his take. Did he agree with that assessment? As Tom put it in his own Techno Gumbo blog (channeling his internal Lee Corso), “not so fast, my friend”.

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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 150 150 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 150 150 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 150 150 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 150 150 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 150 150 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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