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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eDiscovery Project Management from Both Sides: eDiscovery Best Practices

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

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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IoT Devices Lead to Suspect’s Arrest for Murder: eDiscovery Trends

Honestly, I don’t know why anyone would consider committing a violent crime these days. There’s the use of ever-improving DNA technology that leads to the arrest of scores of alleged offenders each year – even if you’re not in the Combined DNA Index System (CODIS) database, you can still be identified as a suspect through your relatives via genealogy databases, as we’ve recently seen in the case of the Golden State Killer. And, if your DNA doesn’t get you, an Internet of Things (IoT) device may, as evidenced in this case.

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

As evidenced by some high-profile recent eDiscovery disasters, managing eDiscovery projects is more complex than ever. Not only have the volume and variability of ESI data sources increased dramatically, but there are often more stakeholders in eDiscovery projects today than characters on the board game Clue©. Successful eDiscovery today means not only meeting your obligations, but also making sure that each stakeholder in the process succeeds as well. Here’s a webcast that can enable you to get a “clue” regarding your eDiscovery process – with a special guest!

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Court Denies Plaintiff’s Request for Sanctions for Defendant’s Failure to Preserve Surveillance Video: eDiscovery Case Law

In Ball v. George Washington Univ., District of Columbia District Judge Dabney L. Friedrich, denied the plaintiff’s motion for sanctions for allegedly destroying two surveillance videos, stating: “Because Ball has not proven—even by a preponderance of the evidence—that GW permanently stored the Lafayette Hall surveillance footage, the Court need not conduct further inquiry under Rule 37(e).”

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Court Denies Party’s Request to Produce in Native Format Instead of TIFF: eDiscovery Case Law

In the case IN RE SYNGENTA AG MIR 162 CORN LITIGATION, Kansas Magistrate Judge James P. O’Hara, stating that “there is no dispute that documents in TIFF format are easier to work with and enable depositions and court proceedings to run more smoothly”, denied the request of party Louis Dreyfus Company Grains Merchandising LLC (LDC) to relieve it from the production requirements of the case’s ESI Protocol Order to produce electronically stored information (ESI) in TIFF image file format and instead allow LDC to produce in native format.

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Tuesday’s Relativity Fest Sessions: eDiscovery Trends

As we noted yesterday the 2018 Relativity Fest conference is going on this week, CloudNine will once again be here as a Silver Sponsor and I will be covering the show for eDiscovery Daily. Let’s check out some of the sessions lined up for today.

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