Our Insights on eDiscovery

Metadata from Photos Leads to Dismissal of Case Against New York City: eDiscovery Case Law

August 15, 2018

In Lawrence v. City of New York, et al., New York Senior District Judge William H. Pauley, III granted in part and denied in part the defendants’ motion for sanctions, ruling to dismiss the case against the defendants, but denying the motion for sanctions against the plaintiff’s counsel and denying the motion for reimbursement of attorney’s fees, stating “an award of attorney’s fees ‘would be a hollow victory … as it would likely be uncollectible.’”

Preparing for Litigation Before it Happens: eDiscovery Best Practices, Part Five

August 14, 2018

There are several basic information governance solutions and models that can provide effective guidance in implementing or improving your organization’s information governance approach. Let’s take a look at a couple of examples.

Preparing for Litigation Before it Happens: eDiscovery Best Practices, Part Four

August 13, 2018

So, Information Governance is used by pretty much everybody these days, right? Not even close. Let’s take a look at what percentage of organizations don’t currently have a formal data governance policy and reasons why more don’t have them.

Preparing for Litigation Before it Happens: eDiscovery Best Practices, Part Three

August 10, 2018

Assuming a company wanted to begin an IG initiative, are there any general principles to follow? There are seven — thanks to ARMA International. Let’s take a look at them.

The Sedona Conference Has Created New Principles on Defensible Disposition: eDiscovery Best Practices

August 9, 2018

It’s timely that we are currently running Tom O’Connor’s paper on Information Governance because The Sedona Conference® (TSC) has just published a paper on defensible disposition, which is a significant component of any good Information Governance program.

Preparing for Litigation Before it Happens: eDiscovery Best Practices, Part Two

August 8, 2018

Here we define not only what Information Governance is, but (just as importantly), what it is not.

Court Grants Defendant’s Motion to Compel Various Records from Plaintiff in “Slip and Fall” Case: eDiscovery Case Law

August 7, 2018

In Hinostroza v. Denny’s Inc., Nevada Magistrate Judge Nancy J. Koppe granted the defendant’s motion to compel discovery various sources of ESI related to the plaintiff’s claim of injuries resulting from a “slip and fall” accident at one of the defendant’s restaurants.

Preparing for Litigation Before it Happens: eDiscovery Best Practices

August 6, 2018

Information Governance (IG) has always been part of the eDiscovery landscape but not always a large part. IG was originally important for reducing the population of potentially responsive electronically stored information (ESI) that might be subject to litigation by helping organizations adopt best practices for keeping their information “house in order”. But now with an increased concentration on the two-fold concerns of privacy and security, IG has become more important. In this paper, we’ll explore the implementation of Information Governance best practices to help organizations better prepare for litigation before it happens.

TAR Rules for the New York Commercial Division: eDiscovery Trends

August 3, 2018

File this one under stories I missed until yesterday. We’ve seen plenty of cases where the use of Technology Assisted Review (TAR) has been approved and even one this year where a protocol for TAR was ordered by the court. But, here is a case of a jurisdiction that has proposed and adopted a rule to encourage use of the most efficient means to review documents, including TAR.

Court Denies Defendant’s Motion for Protective Order in Broiler Chicken Case: eDiscovery Case Law

August 2, 2018

In the In re Broiler Chicken Antitrust Litigation, Illinois Magistrate Judge Jeffrey T. Gilbert denied defendant Agri Stats’ Motion for Protective Order, ruling the defendant “Has Not Made a Threshold Showing” that the information requested by the End User Consumer Plaintiffs (“EUCPs”) was not reasonably accessible because of undue burden or cost (and even if they had, the EUCPs had shown good cause for requesting custodial searches of ESI for the entire time frame set forth in the ESI Protocol) and that Agri Stats “Does Not Satisfy the Rule 26(b)(2)(C) Factors” to limit discovery.