Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.

Court Rules on Dispute over Native File Format Production and Metadata: eDiscovery Case Law

In Metlife Inv’rs. USA Ins. Co. v. Lindsey, Indiana Magistrate Judge John E. Martin granted the motion of the defendants/counter plaintiffs (defendants) to compel the plaintiff/counter-defendant (plaintiff) to produce all responsive documents in the form in which they are maintained in the usual course of business (i.e., native files with metadata) and also ordered the defendants to file an itemization of costs and fees, including attorney’s fees, incurred in making the Motion to Compel.

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Tomorrow’s Webcast Will Help You Get a “Clue” Regarding Your eDiscovery Process: eDiscovery Webcasts

Why am I promoting our monthly webcast today instead of the actual day of the webcast (like I usually do)? You’ll see tomorrow when we publish our ninth(!) annual Halloween list of eDiscovery “frights”. Do you scare easily? Then, DON’T read tomorrow’s post! But, DO attend our webcast tomorrow to get a “clue” regarding your eDiscovery process from me, Tom O’Connor and a special guest! Hint: It’s Mike Q.

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Court Grants Adverse Inference Sanction Against Target for Failing to Preserve Surveillance Video: eDiscovery Case Law

In Decker v. Target Corp., Utah District Judge Jill N. Parrish granted in part and denied in part the plaintiffs’ for a finding of spoliation and for sanctions, granting the plaintiffs’ request for sanctions for failing to preserve more of the video surveillance footage of the plaintiff’s trip and fall accident, but denied the plaintiffs’ request for sanctions for failing to preserve training records and the store’s safety statistics and records for 2015.

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

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

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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