Our Insights on eDiscovery

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Missed the eDiscovery Business Confidence Webinar? Here is Where You Can Still Check it Out: eDiscovery Trends
 Missed the eDiscovery Business Confidence Webinar? Here is Where You Can Still Check it Out: eDiscovery Trends 205 147 CloudNine

On Wednesday, ACEDS hosted a webinar (sponsored by CloudNine) where we discussed results from the Fall 2016 eDiscovery Business Confidence Survey, which was conducted last month with the results published on Rob Robinson’s terrific Complex Discovery site. Did you miss it? Here’s where you can still check it out.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Was Spoliation Intentional? Court Will Let Jury Decide: eDiscovery Case Law
 Was Spoliation Intentional? Court Will Let Jury Decide: eDiscovery Case Law 479 270 CloudNine

In Cahill v. Dart, Illinois District Judge John Z. Lee adopted, with modifications, the Report and Recommendation of Magistrate Judge Cox regarding the plaintiff’s motion to sanction the defendants for destruction of evidence, indicating that Judge Cox’s proposed sanction would be imposed and also that the jury would be informed that the defendants failed to meet their duty to preserve video, giving the plaintiff the option to argue to the jury that the failure to preserve the video was intentional.

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Today’s the Day to Hear Experts Comment on the State of eDiscovery Business Confidence: eDiscovery Trends
 Today’s the Day to Hear Experts Comment on the State of eDiscovery Business Confidence: eDiscovery Trends 205 147 CloudNine

Last week, we covered results from the ACEDS and Complex Discovery Fall 2016 eDiscovery Business Confidence Survey, which was conducted last month with the results published on Rob Robinson’s terrific Complex Discovery site. There’s even a Canadian breakdown. Today, you can attend a webinar to hear experts comment on the results of the survey and their thoughts about the state of eDiscovery business in general!

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Defendant Sanctioned for Spoliation of Physical Evidence, But Not ESI: eDiscovery Case Law
 Defendant Sanctioned for Spoliation of Physical Evidence, But Not ESI: eDiscovery Case Law 479 270 CloudNine

In Reed v. Kindercare Learning Centers et. al., Washington District Judge Benjamin H. Settle (yes, that’s his real name!) granted the plaintiff’s motion for discovery sanctions with respect to spoliation of physical evidence in the form of the facility where the plaintiff worked, but denied the plaintiff’s motion with regard to spoliation of ESI.

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The Importance of Early Data Assessment: eDiscovery Best Practices
 The Importance of Early Data Assessment: eDiscovery Best Practices 150 150 CloudNine

Why do we have a picture of Santa Claus for an eDiscovery blog post about early data assessment? Read on.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Orders Defendant to Produce Additional ESI Responsive to 78 “Unopposed” Search Terms: eDiscovery Case Law
 Court Orders Defendant to Produce Additional ESI Responsive to 78 “Unopposed” Search Terms: eDiscovery Case Law 479 270 CloudNine

In Venturdyne, Ltd. d/b/a Scientific Dust Collectors v. Carbonyx, Inc., d/b/a Carbonyx Carbon Technologies, et. al., Indiana District Judge John E. Martin ordered the defendant to produce additional ESI to the plaintiff to be retrieved via 78 “unopposed” search terms that neither party objected to during negotiation over the plaintiff’s original list of 126 search terms.

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Supreme Court Gives Samsung an Early Christmas Present – For Now: eDiscovery Case Law
 Supreme Court Gives Samsung an Early Christmas Present – For Now: eDiscovery Case Law 428 600 CloudNine

We almost made it the entire year without an update on the ubiquitous Apple v. Samsung case. Thanks to the U.S. Supreme Court, this long lasting case isn’t done yet.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Finding Categorical Privilege Log to Be Inadequate, Court Orders Plaintiff to Provide a Metadata Log: eDiscovery Case Law
 Finding Categorical Privilege Log to Be Inadequate, Court Orders Plaintiff to Provide a Metadata Log: eDiscovery Case Law 479 270 CloudNine

In Companion Property and Casualty Insurance Company v. U.S. Bank N.A., South Carolina District Judge J. Michelle Childs determined that the plaintiff’s categorical Privilege Log was inadequate and ordered the plaintiff to provide to the defendant a metadata log for all documents withheld or redacted, affidavit(s) from the person(s) with knowledge regarding the privileged third party and common interest parties and a list of anticipated litigation(s) for the documents withheld on the basis of work product protection.

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It May Be FALL, But eDiscovery Business Confidence Is On The RISE: eDiscovery Trends
 It May Be FALL, But eDiscovery Business Confidence Is On The RISE: eDiscovery Trends 342 342 CloudNine

The results are in from the ACEDS and Complex Discovery Fall 2016 eDiscovery Business Confidence Survey, which was conducted last month and (as was the case for the Winter, Spring and Summer surveys) the results are published on Rob Robinson’s terrific Complex Discovery site. How confident are individuals working in the eDiscovery ecosystem in the business of eDiscovery? Let’s see.

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Evolution of eDiscovery Automation – Looking Back and Looking Forward: eDiscovery Trends
 Evolution of eDiscovery Automation – Looking Back and Looking Forward: eDiscovery Trends 621 240 CloudNine

How has eDiscovery automation technology evolved over the years? Where is it headed? What is the current state of acceptance for Technology Assisted Review (TAR) within courts and within the bar? How do the different TAR approaches work? Has the promise of TAR been fulfilled?

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