Electronic Discovery Updates

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
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A Framework for Discovery Automation: eDiscovery Trends

Automation has been a recurring theme this year on this blog. At the beginning of the year, I declared that the age of eDiscovery automation is upon us. I’ve also spoken about discovery automation on numerous occasions,...more

The SEC Has Data Fever, and the Only Prescription Is More Data (Analytics)

Companies are increasingly investing in enterprise governance, risk, and compliance (eGRC), largely in response to an uptick in regulatory action and enforcement. Between the enactment of laws such as the Dodd-Frank Wall...more

Before Asking for Sanctions, Check the Recycle Bin

Erhart v. BofI Holding, Inc., No. 15-cv-02287-BAS (NLS), 2016 WL 5110453 (S.D. Cal. Sept. 21, 2016). The court denied sanctions against a party where the huge majority of the files he deleted were not actually destroyed,...more

Court Clarifies that Data Must be Permanently Deleted for Sanctions (California)

Erhart v. BofI Holding, Inc., 2016 U.S. Dist. LEXIS 129906 (S.D. Cal. Sept. 21, 2016) - In this whistleblower retaliation case, the defendant moved the court to impose sanctions on the plaintiff for deleting thousands of...more

Slip and Fall Case Leads to Sanctions Faceplant

Atiles v. Golub Corp., No. 521828 (N.Y. App. July 28, 2016). The appellate court affirmed the lower court’s denial of an adverse inference instruction where the plaintiff did not establish that the additional video...more

Court Issues a Cornucopia of Sanctions for Discovery Violations (New York)

Arrowhead Capital Fin., Ltd. v. Seven Arts Entm’t, Inc., 2016 U.S. Dist. LEXIS 126545 (S.D.N.Y. Sept. 16, 2016) - In this case, the plaintiff motioned the court to grant sanctions for the defendants’ discovery...more

How to Find a Quantum of Solace With Multi-Language eDiscovery

“Where there’s smoke, there’s fire.” These words, spoken by James Bond in From Russia With Love, encapsulate the fears many have in the wake of the UK’s historic vote to Brexit the EU. Amid continued warnings about markets...more

“Can I Throw Out Those Dust Covered Files?” Defensibility, Efficiency, and the Comprehensive Guide to E-Discovery Preservation

When I was in high school, I worked for a family-owned office supply store, one of the last of the local businesses left on main street in the small Midwestern town where I lived. It was a frustrating job most of the time...more

How to Avoid Getting "Burned" by Redactions: eDiscovery Best Practices

Having addressed this issue with a client recently, it seems appropriate to revisit this topic… On the surface, it may seem easy enough to redact a document during eDiscovery review to obscure confidential or...more

Court Compels Party to Identify Knowledgeable IT Personnel (South Dakota)

Collins v. St. Paul Fire & Marine Ins. Co., 2016 U.S. Dist. LEXIS 135615 (D. S.D. Sept. 30, 2016) - In this bad faith diversity action, the plaintiff filed a motion to compel discovery. One of the issues was that the...more

"The E-Discovery Digest - October 2016"

The fifth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney client privilege and work-product doctrine, spoliation, and discovery responses. Please see...more

Court Orders Party to Attempt On-Site Data Collection (New York)

Sky Med. Supply Inc. v. SCS Support Claim Servs., 2016 U.S. Dist. LEXIS 121215 (E.D.N.Y. Sept. 7, 2016) - In this RICO case, the defendants filed a motion to compel, arguing that the plaintiff responded to an ESI request...more

Dropped Cell Phone Does Not Lead to Spoliation Sanctions Under Amended Rule 37(e): eDiscovery Case Law

In Shaffer v. Gaither, No. 14-00106 (W.D. N.C., Sept. 1, 2016), North Carolina District Judge Max O. Cogburn, Jr. ruled that the sanction of dismissal requested by the defendant for the plaintiff’s lost text messages was...more

Court Discusses What Constitutes Reasonable Steps for Preserving Text Messages (North Carolina)

Shaffer v. Gaither, 2016 U.S. Dist. LEXIS 118225 (W.D.N.C. Sept. 1, 2016) In this employment law case, the defendant moved the court to dismiss the case for evidence destruction. The plaintiff accidentally destroyed her...more

Recommind Challenges CAL Patent: eDiscovery Trends

How do you like them apples? After they were the subject of much scrutiny five years ago regarding their attempt to trademark “predictive coding” (only to eventually abandon it), Recommind (now OpenText after they were...more

[Webinar] Cloud Computing Series – eDiscovery - October 26th, 12:00p.m. CT

As cloud providers grow and more information is being stored in “the cloud,” it is important to consider the risks and benefits when confronted with litigation. This webinar presentation will examine litigation and...more

[Webinar] Cost-Effective Ediscovery: How to Manage Expense and Reduce Waste - October 26th, 12:00p.m. CT

Discovery is often the most expensive part of litigation, with document retrieval, review and production costs easily reaching thousands, if not millions of dollars. However, this does not need to be the case....more

19 Tips for Fixing Troublesome Transitions Between E-Discovery Stages

In every process – from data flow to human travel – transitions are a place of difficulty. Data flowing through cables can slow or stall when it’s split through junctions and routers. If you’re traveling by air, the layover...more

Mary Mack of ACEDS: eDiscovery Trends

During the recent ILTACON conference (wrap-up post about the conference here), I had an opportunity to speak with several thought leaders that are involved with various educational initiatives in the eDiscovery industry,...more

You Don’t Have to Move Your Data to Manage it Effectively: Information Governance Trends

When it comes to effective records management of your organization’s data, many people think that the data has to be moved to a centralized location, such as a server or other file share, to be managed effectively. But, you...more

A Self-Inflicted High Discovery Cost Does Not Render Information “Inaccessible”

Wagoner v. Lewis Gale Med. Ctr., LLC, No. 7:15cv570 (W.D. Va. July 13, 2016). In Wagoner v. Lewis Gale Med. Ctr., LLC, court held that the plaintiff’s “limited request” for discovery, “restricted by custodian, search...more

To Be or Not To Be? Not to Be, if Your Search Contains Noise Words: eDiscovery Best Practices

This is an issue that comes up frequently when my clients ask me to review their proposed search terms, or need help in understanding why a particular term doesn’t retrieve the intended result....more

Begin eDiscovery with the End in Mind

In September, the Sedona Conference released the public comment version of its Commentary on Defense of Process: Principles and Guidelines for Developing and Implementing a Sound E-Discovery Process. Acknowledging the...more

Becoming the Linchpin: How E-Discovery is Changing the Role of Paralegals

Often, what comes to mind when you think of the role of a paralegal are things like drafting documents, scheduling meetings, and taking notes. But that's so 20th century, and the role of paralegals is rapidly evolving, with...more

Florida Becomes First State to Require Technology CLE: eDiscovery Trends

OK, I may have taken a couple of shots at Florida last Thursday over their ballot issues in elections over the years.  However, Florida deserves credit in being the first state to require technology CLE for lawyers....more

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