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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The Sedona Principles Has Been Around Longer Than You May Realize: eDiscovery Best Practices
 The Sedona Principles Has Been Around Longer Than You May Realize: eDiscovery Best Practices 428 600 CloudNine

It has been close to fifteen years since the original public comment draft of The Sedona Principles: Best Practices, Recommendations & Principles for Addressing Electronic Document Production was released. Even the second edition of The Sedona Principles was published all the way back in 2007 – that’s before the iPhone was even commercially available! Now, after almost ten years, the public comment version of the Third Edition has now been released.

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Today is The Day to Find Out about Current Trends in eDiscovery: eDiscovery Trends
 Today is The Day to Find Out about Current Trends in eDiscovery: eDiscovery Trends 428 244 CloudNine

If you don’t write a daily blog like I do and don’t have a lot of time to keep up with current eDiscovery trends otherwise, you can attend our webcast today for a recap of recent key eDiscovery trends and case law to stay current with today’s trends in eDiscovery, information governance and cybersecurity.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Putting Information on File Share Site without Protection Waives Privilege, Court Rules: eDiscovery Case Law
 Putting Information on File Share Site without Protection Waives Privilege, Court Rules: eDiscovery Case Law 479 270 CloudNine

In Harleysville Insurance Co. v. Holding Funeral Home, Inc., Virginia Magistrate Judge Pamela Meade Sargent ruled that the plaintiff’s placement of privileged information on a file share site and distribution of the hyperlink to access that information without providing any protection for the site resulted in a failure to take reasonable steps to protect the information – as a result, the declared attorney-client privilege and work-product protections were waived. Judge Sargent also denied the plaintiff’s motion to disqualify defense counsel for accessing the information without informing plaintiff’s counsel, but did order defense counsel to pay the plaintiff’s fees and costs in bringing the motion.

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Webcast: Pitfalls and Potholes to Avoid in Your eDiscovery Projects
 Webcast: Pitfalls and Potholes to Avoid in Your eDiscovery Projects 150 150 CloudNine

This webcast will discuss some of the most common “pitfalls” and “potholes” encountered during the discovery life cycle and how to address them to keep your discovery project on track.

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Something in Common with a Secret Service Agent: eDiscovery Trends
 Something in Common with a Secret Service Agent: eDiscovery Trends 435 266 CloudNine

I have something in common with a Secret Service agent. We both have had a laptop stolen out of a vehicle.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Defendant Not Required to Modify Production After Plaintiff Fails to Demonstrate Prejudice: eDiscovery Case Law
 Defendant Not Required to Modify Production After Plaintiff Fails to Demonstrate Prejudice: eDiscovery Case Law 479 270 CloudNine

In Excel Enterprises, LLC v. Winona PVD Coatings, LLC, Indiana Magistrate Judge Michael G. Gotsch, Sr. ruled that despite the fact that the defendant failed to demonstrate that it produced documents kept in the ordinary course of business, the plaintiff failed to demonstrate any prejudice suffered from the current state of the production and granted the defendant’s motion to reconsider the court’s earlier order regarding the format of the defendant’s production.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Requesting 72 Spelling Variations on Five Search Terms Spells Trouble for Plaintiffs: eDiscovery Case Law
 Requesting 72 Spelling Variations on Five Search Terms Spells Trouble for Plaintiffs: eDiscovery Case Law 479 270 CloudNine

In Diesel Power Source et. al. v. Crazy Carl’s Turbos et. al., Utah Magistrate Judge Brooke C. Wells denied the plaintiff’s Motion for Sanctions for the failure of the defendant to produce ESI, finding that the plaintiff had failed to sufficiently narrow its search terms by introducing 72 spelling variations on the five terms it proposed. Judge Wells also denied the defendants’ Motion for Order to Show Cause and for Sanctions, finding that the defendants had failed to provide any “certification that the parties made reasonable efforts to reach agreement on the disputed matters.”

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For the Fifth Year, Florida is the Place to Be for eDiscovery Education: eDiscovery Trends
 For the Fifth Year, Florida is the Place to Be for eDiscovery Education: eDiscovery Trends 336 323 CloudNine

The fifth annual University of Florida E-Discovery Conference is coming up one week from today, on March 30, and you can attend even if you don’t plan to be in the state of Florida on that day.

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Here’s a FREE Training Course on How to Do TAR: eDiscovery Best Practices
 Here’s a FREE Training Course on How to Do TAR: eDiscovery Best Practices 341 338 CloudNine

A lot of people can talk about technology assisted review (TAR), but how many people actually know how to conduct an eDiscovery review using TAR? Here’s a TAR course that’s designed to show you how to do it.

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6,905 Billable Hours for Attorney Review May Not Be Billable if the Reviewer Isn’t Actually an Attorney: eDiscovery News
 6,905 Billable Hours for Attorney Review May Not Be Billable if the Reviewer Isn’t Actually an Attorney: eDiscovery News 310 465 CloudNine

A contract lawyer for a Pennsylvania plaintiffs’ firm clocked 6,905 hours of work on a shareholder lawsuit against former executives and directors of Sprint Corp. related to its 2005 merger with Nextel. One problem, however: that attorney had apparently been disbarred for years when he performed the work.

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