Something in Common with a Secret Service Agent: eDiscovery Trends
I have something in common with a Secret Service agent. We both have had a laptop stolen out of a vehicle.
read moreDefendant Not Required to Modify Production After Plaintiff Fails to Demonstrate Prejudice: eDiscovery Case Law
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.
read moreRequesting 72 Spelling Variations on Five Search Terms Spells Trouble for Plaintiffs: eDiscovery Case Law
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.”
read moreFor the Fifth Year, Florida is the Place to Be for eDiscovery Education: eDiscovery Trends
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.
read moreHere’s a FREE Training Course on How to Do TAR: eDiscovery Best Practices
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.
read more6,905 Billable Hours for Attorney Review May Not Be Billable if the Reviewer Isn’t Actually an Attorney: eDiscovery News
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.
read more78 is Great! eDiscovery Daily Is Seventy Eight! (Months Old, That Is)
A new record! (Get it?) Seventy eight months ago today (a.k.a., 6 1/2 years), eDiscovery Daily was launched. Twice a year, we like to take a look back at some of the important stories and topics during that time. So, here are just a few of the posts over the last six months you may have missed. Enjoy!
read moreLack of Comma Means That Breaking Up Overtime Pay is Hard to Do: Litigation Trends
Not since Neil Sadaka’s classic song has a “comma” meant so much. A class-action lawsuit about overtime pay for truck drivers has come down to punctuation and the lack of an Oxford comma has resulted in an appeals court reversal of a partial summary judgment by a lower court.
read moreDefendant Ordered to Reproduce ESI in Native Format, As Originally Requested by Plaintiffs: eDiscovery Case Law
In Morgan Hill Concerned Parents Assoc. v. California Dept. of Education, California Magistrate Judge Allison Claire granted the plaintiffs’ motion to compel the defendant to produce emails in native format with all metadata attached, but denied the plaintiffs’ motion for sanctions without prejudice to its renewal using Sacramento rates for attorneys’ fees. Judge Claire also denied the defendant’s motion for a protective order regarding production of the native format data, and its motion for sanctions.
read moreThe Impact of Cybersecurity Concerns on M&A Activities is Growing: eDiscovery Trends
After Verizon Communications took a $350 million discount on its purchase of Yahoo based on the massive data breaches disclosed by the Internet company last year, it may be time for cybersecurity and data privacy lawyers to take a more active role in merger and acquisition discussions.
read more