Our Insights on eDiscovery

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

Legal Right Supersedes Physical Possession When It Comes to Control of ESI, Court Rules: eDiscovery Case Law

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”.

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We Get By With a Little Help From Our Friends: eDiscovery Trends

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.

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Personnel, Not Technology the Biggest Factor Prohibiting Business Value from Long-Term Digital Info: eDiscovery Trends

In this era of big data, an organization’s ability to govern and preserve digital information, especially long-term digital information, is key. Earlier this month, the Information Governance Initiative (IGI), working closely with IGI Supporter Preservica, provided a benchmark of the state of the industry on the critical issue of governing and preserving long-term digital information. Let’s take a look.

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Court Grants Motion for Terminating Sanctions Against Defendants for Intentional Spoliation: eDiscovery Case Law

In Omnigen Research et. al. v. Wang et. al., Oregon District Judge Michael J. McShane granted the plaintiffs’ Motion for Terminating Spoliation Sanctions and agreed to issue an Order of Default Judgment in favor of the plaintiffs (while dismissing the defendants’ counterclaims) due to the defendants’ intentional destruction of evidence on several occasions.

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