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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Court Grants Most of Plaintiff’s Cost Recovery Request, Including All eDiscovery Costs: eDiscovery Case Week
 Court Grants Most of Plaintiff’s Cost Recovery Request, Including All eDiscovery Costs: eDiscovery Case Week 532 353 CloudNine

In Ariel Inv., LLC v. Ariel Capital Advisors LLC, Illinois District Judge Matthew F. Kennelly granted the prevailing plaintiff’s request to tax most requested costs in the amount of $99,378.32, including the entire amount ($85,666.51) requested for reimbursement for eDiscovery costs.

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Today’s the Day to Learn How Recent eDiscovery Case Law Has Affected Your Organization: eDiscovery Case Week
 Today’s the Day to Learn How Recent eDiscovery Case Law Has Affected Your Organization: eDiscovery Case Week 532 353 CloudNine

eDiscovery Case Week continues. The best predictor of future behavior is relevant past behavior. Nowhere is that truer than with legal precedents set by past case law decisions, especially when it relates to eDiscovery best practices. Are you aware of recent case law decisions related to eDiscovery best practices and what that those decisions mean to your organization?

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Defendant Not Sanctioned Despite Use of Evidence Wiping Software: eDiscovery Case Week
 Defendant Not Sanctioned Despite Use of Evidence Wiping Software: eDiscovery Case Week 532 353 CloudNine

In HCC Ins. Holdings, Inc. v. Flowers, Georgia District Judge William S. Duffey, Jr. denied the plaintiff’s motion for adverse inference sanctions despite evidence that the defendant had used evidence wiping software twice after being ordered to produce her personal computer, stating that the plaintiff “offers only bare speculation that any of its trade secrets or other data were actually transferred” to the defendant’s laptop.

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Court Rules that Plaintiff’s Request for Data from Defendant is “Extraordinarily Burdensome”: eDiscovery Case Week
 Court Rules that Plaintiff’s Request for Data from Defendant is “Extraordinarily Burdensome”: eDiscovery Case Week 532 353 CloudNine

In Solo v. United Parcel Services Co., Michigan Magistrate Judge R. Steven Whalen agreed that the defendant showed that the level of data requested by the plaintiff “would be extraordinarily burdensome” and ordered the parties to discuss the defendant’s proposed methodology and “meet, confer, and agree on a mutually acceptable sampling methodology” if the plaintiff did not agree to the defendant’s approach.

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Need an “Assist” with Your eDiscovery Practices? Get an eDiscovery Assistant!: eDiscovery Best Practices
 Need an “Assist” with Your eDiscovery Practices? Get an eDiscovery Assistant!: eDiscovery Best Practices 344 60 CloudNine

As someone who writes a blog daily for (part of) my living, I can attest that it can be a challenge to stay on top of eDiscovery trends and case law. I try to do my best to provide some of that to the readers of this blog and, when it comes to case law, we provide posts on about 60 to 70 cases each year (we’re over 400 unique cases covered lifetime). But, here’s a resource that provides access to even more case law, and several other great resources, as well.

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What Can 4,000 Women Do? Help Educate an Industry: eDiscovery Trends
 What Can 4,000 Women Do? Help Educate an Industry: eDiscovery Trends 403 291 CloudNine

If you follow our blog regularly and have been following it over the past few weeks, you know that I’ve been promoting today’s Women in eDiscovery (WiE) event in Houston, the Legal Technology Showcase & Conference, being conducted today at South Texas College of Law (STCL) in downtown Houston. But, I stopped promoting it a couple of days ago. Why?

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Cloud Data is Within Defendant’s Possession, Custody and Control, Court Rules: eDiscovery Case Law
 Cloud Data is Within Defendant’s Possession, Custody and Control, Court Rules: eDiscovery Case Law 479 270 CloudNine

In Williams v. Angie’s List, Indiana Magistrate Judge Mark J. Dinsmore found that the plaintiffs “have met their burden of demonstrating” that the defendant has a legal right to obtain background data in Salesforce and that “Plaintiffs request for production properly seeks documents within Angie’s List’s ‘possession, custody, or control’ under Rule 34(a).” He also denied the defendant’s request for cost shifting.

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Law Firms and the Billable Hour – The Debate Continues: eDiscovery Trends
 Law Firms and the Billable Hour – The Debate Continues: eDiscovery Trends 219 284 CloudNine

Over four years ago, I asked the question of whether it’s time to ditch the per hour model for document review. Back then, I referenced an overbilling situation discussed in an article by a law firm that was recently in the news for a ransomware issue. But, the debate continues – should law firms still use the billable hour?

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Limits Burden for Defendant to Search Loan Numbers, Splits Costs Between Parties: eDiscovery Case Law
 Court Limits Burden for Defendant to Search Loan Numbers, Splits Costs Between Parties: eDiscovery Case Law 479 270 CloudNine

In Phoenix Light SF Ltd. v. Deutsche Bank Nat’l Trust Co., New York Magistrate Judge Debra Freeman granted the plaintiffs’ motion to compel in part, ordering the defendant to search for 16,000 loan numbers proposed by the plaintiffs’ and ordered the parties to split the costs for performing the searches.

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DOJ Asks SCOTUS to Take on Microsoft Case and Verizon Suffers its own Data Breach: eDiscovery Trends
 DOJ Asks SCOTUS to Take on Microsoft Case and Verizon Suffers its own Data Breach: eDiscovery Trends 428 600 CloudNine

Remember the Microsoft Ireland Warrant case, where the Second Circuit reversed earlier rulings and denied the government’s efforts to compel Microsoft to provide emails in that case? It may not be over yet. And, millions of Verizon customer records have been exposed in a security lapse.

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