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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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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78 is Great! eDiscovery Daily Is Seventy Eight! (Months Old, That Is)
 78 is Great! eDiscovery Daily Is Seventy Eight! (Months Old, That Is) 498 297 CloudNine

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!

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Lack of Comma Means That Breaking Up Overtime Pay is Hard to Do: Litigation Trends
 Lack of Comma Means That Breaking Up Overtime Pay is Hard to Do: Litigation Trends 314 316 CloudNine

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.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Defendant Ordered to Reproduce ESI in Native Format, As Originally Requested by Plaintiffs: eDiscovery Case Law
 Defendant Ordered to Reproduce ESI in Native Format, As Originally Requested by Plaintiffs: eDiscovery Case Law 479 270 CloudNine

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.

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The Impact of Cybersecurity Concerns on M&A Activities is Growing: eDiscovery Trends
 The Impact of Cybersecurity Concerns on M&A Activities is Growing: eDiscovery Trends 336 284 CloudNine

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.

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EDRM Releases New Security Questionnaire: eDiscovery Trends
 EDRM Releases New Security Questionnaire: eDiscovery Trends 189 111 CloudNine

As promised when they announced the project last August, EDRM announced last week the release of a new Security Audit Questionnaire, which is designed to be a practical tool for evaluating the security capabilities of corporations, law firms, cloud providers, and third parties offering electronic discovery or managed services.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Delaware Supreme Court Affirms $7 Million Sanction for Discovery Misconduct: eDiscovery Case Law
 Delaware Supreme Court Affirms $7 Million Sanction for Discovery Misconduct: eDiscovery Case Law 479 270 CloudNine

In Shawe v. Elting, the Delaware Supreme Court found that the Court of Chancery followed the correct legal standards and made no errors of law in its sanctions award of over $7 million against the appellant, agreeing with the lower court that his behavior was “unusually deplorable”.

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Lawyer’s Pants Literally Catch on Fire and Alexa to “Testify”: eDiscovery Trends
 Lawyer’s Pants Literally Catch on Fire and Alexa to “Testify”: eDiscovery Trends 246 330 CloudNine

Here’s a question for you: Would you believe what a lawyer was telling you during closing arguments if his pants were, literally, on fire?

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Spoliation of Truck Evidence Precludes Plaintiffs’ Use of That Evidence “As a Sword”: eDiscovery Case Law
 Spoliation of Truck Evidence Precludes Plaintiffs’ Use of That Evidence “As a Sword”: eDiscovery Case Law 479 270 CloudNine

In Below v. Yokohama Tire Corp., Wisconsin District Judge William M. Conley, deciding on several pre-trial motions, granted (to an extent) the defendants’ motion for relief due to spoliation of evidence for failing to preserve the truck involved in a crash, stating that “defendants persuasively argue that the absence of this evidence should at minimum preclude plaintiffs from using it as a sword, even if defendants cannot use it as a shield.”

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