Our Insights on eDiscovery

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Mike Q Says the Weakest Link in TAR is Humans: eDiscovery Best Practices
 Mike Q Says the Weakest Link in TAR is Humans: eDiscovery Best Practices 570 422 CloudNine

Remember The Weakest Link? That was the early 2000’s game show with the sharp-tongued British hostess (Anne Robinson) telling contestants that were eliminated “You are the weakest link. Goodbye!” Anyway, in Above the Law (Are Humans The Weak Link In Technology-Assisted Review?), Mike takes a look at TAR and concludes that when TAR has problems, it’s because of the people.

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Here’s a Terrific Scorecard for Mobile Evidence Discovery: eDiscovery Best Practices
 Here’s a Terrific Scorecard for Mobile Evidence Discovery: eDiscovery Best Practices 337 341 CloudNine

As we’ve noted before, eDiscovery isn’t just about discovery of emails and office documents anymore. There are so many sources of data these days that legal professionals have to account for and millions more being transmitted over the internet every minute, much of which is being transmitted and managed via mobile devices. Now, here’s a terrific new Mobile Evidence Burden and Relevance Scorecard, courtesy of Craig Ball!

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Court Rejects Plaintiffs’ “Mindlessly Deficient” Objections to Native Format Production: eDiscovery Case Law
 Court Rejects Plaintiffs’ “Mindlessly Deficient” Objections to Native Format Production: eDiscovery Case Law 479 270 CloudNine

In McDonnel Grp., LLC v. Starr Surplus Lines Ins. Co. et al., Louisiana Magistrate Judge Joseph C. Wilkinson, Jr. granted in part and denied in part the defendants’ motion to compel, granting the defendants’ requests for the plaintiffs to produce construction schedules in native format, to identify responsive materials already produced to other specified defendants’ requests and to provide a privilege log for any documents withheld based on privilege to those requests. Judge Wilkinson denied the defendants’ request for attorney’s fees and other expenses incurred in connection with the defendants’ motion.

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Today is the Day to “Master” Your Knowledge of eDiscovery in Washington DC for 2018: eDiscovery Trends
 Today is the Day to “Master” Your Knowledge of eDiscovery in Washington DC for 2018: eDiscovery Trends 423 363 CloudNine

It’s here! Today is the start of the The Master’s Conference DC event! It’s almost two days of educational sessions covering a wide range of topics! If you’re in the DC area, it’s not too late to attend!

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eDiscovery Project Management from Both Sides: eDiscovery Best Practices, Part Three
 eDiscovery Project Management from Both Sides: eDiscovery Best Practices, Part Three 710 380 CloudNine

What do lawyers think about this PM discussion? Do they think about it all? What do some notable legal commentators have to say about the topic? Let’s take a look.

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Court Rules “No Harm, No Foul” in Allowing Clawback After Protective Order Deadline: eDiscovery Case Law
 Court Rules “No Harm, No Foul” in Allowing Clawback After Protective Order Deadline: eDiscovery Case Law 479 270 CloudNine

In the case In re Abilify (Aripiprazole) Prod. Liab. Litig., Florida Magistrate Judge Gary R. Jones denied the plaintiff’s Disclosure Motion regarding two documents that defendant Bristol-Myers Squibb (BMS) claimed were privileged and inadvertently disclosed, stating that “[a]lthough BMS might not have followed the precise terms of the Protective Order”, “the one-day delay in sending the privilege log can charitably be described as a situation where the expression ‘no harm, no foul’ applies.”

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eDiscovery Project Management from Both Sides: eDiscovery Best Practices, Part Two
 eDiscovery Project Management from Both Sides: eDiscovery Best Practices, Part Two 710 380 CloudNine

How do project managers define their role? And, what PM principles can we apply to eDiscovery? Let’s take a look.

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Judge Recommends Sanctions for Defendant Under FRCP 37(e)(1): eDiscovery Case Law
 Judge Recommends Sanctions for Defendant Under FRCP 37(e)(1): eDiscovery Case Law 479 270 CloudNine

In Franklin v. Howard Brown Health Ctr., the Illinois Magistrate Judge, stating that “the defendant has had to concede that, at the very least, it bollixed its litigation hold – and it has done so to a staggering degree and at every turn”, recommended that the plaintiff’s motion for discovery sanctions be granted to the extent that the “parties be allowed to present evidence and argument to the jury regarding the defendant’s destruction/failure to preserve electronic evidence in this case”.

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eDiscovery Project Management from Both Sides: eDiscovery Best Practices
 eDiscovery Project Management from Both Sides: eDiscovery Best Practices 710 380 CloudNine

Project Management has been a major topic at trade shows recently, especially when Mike Quartararo is speaking. But after listening to Mike speak at the recent ILTACON18 conference, Doug Austin mentioned to me that it seemed there is another side to PM that is being ignored, that of the lawyer’s opinion on the subject. Since discovery is the most time-consuming and expensive aspect of litigation, managing it effectively is always a concern of the lawyers but we seldom hear what they think of all the talk about PM. So, let’s look at the issue from both sides now.

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Court Plays Referee in Search Term Dispute Between Parties: eDiscovery Case Law
 Court Plays Referee in Search Term Dispute Between Parties: eDiscovery Case Law 479 270 CloudNine

In Digital Ally, Inc. v. Taser Int’l, Inc., Kansas Magistrate Judge Teresa J. James granted in part and denied in part the defendant’s Motion to Compel ESI Discovery, sustaining in part the plaintiff’s overbreadth and relevance objections to specific defendant ESI Requests by providing a compromised scope between the defendant’s proposed searches (deemed to be overbroad) and the plaintiff’s proposed searches (deemed to be too narrow).

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