Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
Close
Enter your
text here
Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Declines to Impose Sanctions for Failure to Preserve Web History: eDiscovery Case Law
 Court Declines to Impose Sanctions for Failure to Preserve Web History: eDiscovery Case Law 479 270 CloudNine

In Eshelman v. Puma Biotechnology, Inc., North Carolina Magistrate Judge Robert B. Jones, Jr., among other rulings, denied the plaintiff’s motion for an order permitting a jury instruction in response to the defendant’s failure to preserve certain internet web browser and search histories, concluding that the plaintiff “is not entitled to a sanction pursuant to Rule 37(e)(1)” and that the plaintiff “is not entitled to an adverse jury instruction as a sanction pursuant to Rule 37(e)(2).”

read more
That Was Random: eDiscovery Best Practices
 That Was Random: eDiscovery Best Practices 334 266 CloudNine

This may be the shortest title ever in this history of this blog. In the first year of the blog’s existence (when we had a lot fewer subscribers and readers than we do now), we did a three part series on how to perform an iterative random sample of a search result set to evaluate the results. As we have discussed the topic recently in two webinars, I thought I would revisit it here for those who didn’t attend the webinars (though you can still check them out on demand) and weren’t readers of our blog back then.

read more
Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
With Ample Evidence of Bad Faith, Court Sanctions Defendant for Failure to Produce Documents: eDiscovery Case Law
 With Ample Evidence of Bad Faith, Court Sanctions Defendant for Failure to Produce Documents: eDiscovery Case Law 479 270 CloudNine

In CrossFit, Inc. v. Nat’l Strength and Conditioning Assn., California District Judge Janis L. Sammartino granted the plaintiff’s motion for several issue, evidentiary, and monetary sanctions, but denied the plaintiff’s request for terminating sanctions due to the defendant’s bad faith that resulted in the defendant’s failure to produce documents.

read more
For Those in Houston, Here’s a Terrific Conference Coming Up From WiE: eDiscovery Trends
 For Those in Houston, Here’s a Terrific Conference Coming Up From WiE: eDiscovery Trends 716 321 CloudNine

Whee! If you’re in Houston or will be on July 20 (three weeks from today), the Women in eDiscovery (WiE), Houston Chapter in partnership with South Texas College of Law will be hosting an all-day eDiscovery conference you can check out. Even better, it’s free to attend!

read more
Today’s the Day to Learn Why There Has Never Been a Better Time to Embrace eDiscovery: eDiscovery Trends
 Today’s the Day to Learn Why There Has Never Been a Better Time to Embrace eDiscovery: eDiscovery Trends 368 208 CloudNine

State of the art eDiscovery technology used to be only available to the largest law firms and corporations. Smaller firms and organizations were essentially priced out of the market and couldn’t afford the solutions that could be used by the “big boys” to manage their discovery workloads. Thankfully, times have changed – thanks to cloud-based, software-as-a-service (“SaaS”) automated solutions that have made full-featured eDiscovery solutions affordable for even small and solo firms. Today, you have an opportunity to find out how to take advantage of that.

read more
Anthem Agrees to Pay Over $100 Million to Settle Data Breach Lawsuit: Cybersecurity Trends
 Anthem Agrees to Pay Over $100 Million to Settle Data Breach Lawsuit: Cybersecurity Trends 340 342 CloudNine

One of the most notable data breaches in recent years was the one suffered by health insurer Anthem involving the personal information of nearly 80 million individuals. It looks like they are going to pay up big to make the class-action lawsuit that was filed in response to that massive data breach go away.

read more
Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Legal Right Supersedes Physical Possession When It Comes to Control of ESI, Court Rules: eDiscovery Case Law
 Legal Right Supersedes Physical Possession When It Comes to Control of ESI, Court Rules: eDiscovery Case Law 479 270 CloudNine

In First American Bankcard, Inc. v. Smart Business Technology, Inc., et. al., Louisiana Magistrate Judge Joseph C. Wilkinson, Jr. granted the Plaintiff’s Motion to Compel Discovery and for Reasonable Expenses against one of the defendants in “substantial part” with regard to interrogatories and requests for production of ESI within physical possession of the former owners of the defendant company, but denied in limited part with regard to the plaintiff’s request to take forensic imaging of the defendant company’s computer system, because “neither the relevance nor the proportionality of the forensic imaging sought by this request are readily apparent to the court”.

read more
We Get By With a Little Help From Our Friends: eDiscovery Trends
 We Get By With a Little Help From Our Friends: eDiscovery Trends 213 371 CloudNine

If you’re in or near my age bracket, you probably remember the similarly titled song by The Beatles (though I actually like the Joe Cocker version better – a rare Beatles re-make that could be argued to be better than the original). Feel free to debate me on that – after you’ve watched his Woodstock rendition. Anyway, for any provider working in eDiscovery today (whether law firm or eDiscovery software/service provider), there are instances where working with a partner just makes sense.

read more
This New Pilot Program Can Speed Up Discovery, Especially in Arizona and Illinois: eDiscovery Best Practices
 This New Pilot Program Can Speed Up Discovery, Especially in Arizona and Illinois: eDiscovery Best Practices 288 293 CloudNine

At its meeting in September of 2016, the Judicial Conference of the United States approved a pilot program to test procedures requiring mandatory initial discovery before the commencement of party-directed discovery in civil cases. Now, that pilot program – the Mandatory Initial Discovery Pilot Program – is already in use in Arizona and Illinois.

read more
Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
In a Second Case, Judge Specifies Search Terms for Parties to Use: eDiscovery Case Law
 In a Second Case, Judge Specifies Search Terms for Parties to Use: eDiscovery Case Law 479 270 CloudNine

In Abbott v. Wyoming Cty. Sheriff’s Office, New York Magistrate Judge Hugh B. Scott granted the plaintiff’s motion to compel and defendant’s cross-motion in part, ordering the defendant to perform additional production over a disputed time period, based on a list of search terms ordered by Judge Scott.

read more