News & Analysis as of

Discovery Costs

Checklist of Top 10 E-Discovery Trends for 2018

by Zapproved LLC on

Tips to Empower Corporate Legal Teams to Achieve More Litigation Response Success in the Year Ahead - Are you ready for where e-discovery is going in 2018? Whatever your litigation process maturity level — what we call...more

Your “Mashup” of eDiscovery Market Estimates Can’t Possibly Be Any Earlier: eDiscovery Trends

by CloudNine on

It’s become an annual tradition – the release of the eDiscovery Market Size Mashup that Rob Robinson compiles and presents on his Complex Discovery site each year. It’s also become an annual tradition for him to release it...more

4 Things the Top E-Discovery Cases of 2017 Can Teach You

by Exterro, Inc. on

Two years on from the last round of FRCP amendments, the courts are still clarifying how these e-discovery rules will be interpreted. One lens through which we can better understand how the court is interpreting the...more

300 GB Email Search Rejected in E-Discovery Case

by Zapproved LLC on

Rembrandt Diagnostics, LP v. Innovacon, Inc., No. 3:16-cv-0698 CAB (NLS), 2017 U.S. Dist. LEXIS 164015 (S.D. Cal. Oct. 3, 2017). In this patent case, the court denied the plaintiff’s motion to compel in full. The court...more

CEO’s Documents Found Proportional to Multimillion-Dollar Complaint

by Zapproved LLC on

Oxbow Carbon & Minerals LLC v. Union Pac. R.R., 2017 U.S. Dist. LEXIS 146211 (D.D.C. Sept. 11, 2017). In this multimillion-dollar antitrust claim, the defendants moved to compel the plaintiffs to include their CEO as a...more

[Webinar] Murphy’s eDiscovery Law – How to Keep What Could Go Wrong From Going Wrong - December 1st, 12:00pm CT

by CloudNine on

As data complexity, discovery costs, and regulatory challenges increase in volume and impact, the pulse rate of publicly highlighted eDiscovery mistakes continues to build. While these mistakes are unfortunate for those who...more

‘Lackadaisical’ Preservation Spurs Monetary Sanctions

by Zapproved LLC on

Hefter Impact Techs., LLC v. Sport Maska, Inc., No. 15-13290-FDS (D. Mass. Aug. 3, 2017). In this contract dispute, the court partially granted the plaintiff’s motion for sanctions, ordering the defendant to pay the costs...more

Why E-Discovery Still Hasn’t Changed that Much in 5 years

by Exterro, Inc. on

The continued explosion of data! Additional, new and scary data types! New FRCP e-discovery amendments! You would think with all these new revelations e-discovery would have changed a lot in the past 5 years, right?...more

Court Calls Cost Shift for Review of Withheld Documents Disproportional

by Zapproved LLC on

Nachurs Alpine Sols. Corp. v. Banks, No. 15-CV-4015-LTS, 2017 WL 2918979 (N.D. Iowa July 7, 2017). In this trade secret theft case, the court granted the plaintiff’s request to review documents that the defendants had...more

The E-Discovery Digest - October 2017

The eighth 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....more

Negligence in Preserving ESI Warrants Monetary Sanctions

by Zapproved LLC on

N.M. Oncology & Hematology Consultants v. Presbyterian Healthcare Servs., No. 1:12-cv-00526 (D.N.M. Aug. 16, 2017). Because the defendant was merely negligent in producing discoverable information, the magistrate judge...more

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Cost: eDiscovery Best Practices

by CloudNine on

...Budgetary constraints are a common hurdle for law firms and legal departments seeking to address the legal, technological, and business elements of eDiscovery. This economic constraint is compounded by the lack of...more

E-Discovery and Big Data Partner Up (Or How to Cut Time and Costs by 50%)

by Exterro, Inc. on

Imagine finding a specialty wrench in a garage that is clean and ordered, one where everything has a specific place and those places were chosen based on practicality and ease of use. Now imagine trying to find the same...more

Boston Red Sox Caught Using Apple Watches to Steal Signals from Yankees During Games

by Exterro, Inc. on

“Boston Red Sox Used Spy Watches to Steal Signs Against Yankees!” It’s a headline that you could imagine being in a 1950’s comic book, but in 2017 this type of thing has become fairly normal. In this case, the New York Times...more

Is the single end-to-end e-discovery platform a unicorn? Not according to this legal team!

by Exterro, Inc. on

In the e-discovery world, common knowledge says that a true end-to-end in-house process/single software solution doesn’t exist. But Linda Luperchio, Director of Information Lifecycle Governance and E-Discovery at Hanover,...more

Key Considerations for Adopting Ephemeral Communications Tools

by Mintz Levin - Mintz Edge on

The combination of emerging technologies, information security risks and electronic discovery obligations continues to give rise to questions regarding best practices for adoption of modern ephemeral communication tools in...more

You Want to Review ESI that the Other Side has Deemed Nonresponsive? That’ll Be Extra

Have you ever thought your adversary was withholding relevant ESI from document production? Have you wanted to look at the withheld documents to show that some are indeed relevant? Well, you might be able to – but it’ll cost...more

When Litigation Hits, The First 7 to 10 Days is Critical: eDiscovery Replay

by CloudNine on

...When a case is filed, several activities must be completed within a short period of time (often as soon as the first seven to ten days after filing) to enable you to assess the scope of the case, where the key...more

Defendant Loses Cost-Shifting Motion in Discrimination Lawsuit

by Zapproved LLC on

Court Denied Defendant Cost-Shifting in Discrimination Lawsuit - Hawa v. Coatesville Area Sch. Dist., No. 15-4828, 2017 WL 1021026 (E.D. Pa. Mar. 16, 2017). In this employment discrimination lawsuit, the court denied...more

Court Shifts Costs of Forensic Computer Exam to Plaintiff for Not Preserving Emails

by Zapproved LLC on

Estate of Shaw v. Marcus, Nos. 14 Civ. 3849 (NSR) (JCM), 14 Civ. 5653 (NSR) (JCM), 2017 WL 825317 (S.D.N.Y. Mar. 1, 2017). In this complex dispute over a family business, the court redressed the plaintiff’s former...more

Plaintiff Can Review Documents Deemed as Non-Responsive, But Has to Bear its Own Costs: eDiscovery Case Week

by CloudNine on

eDiscovery Case Week concluded yesterday. We covered four cases this week and, Wednesday, .... Here’s the final case. Just when you thought it was safe to go back in the courtroom! In Nachurs Alpine Solutions, Corp. v....more

Cost Shifting Ordered Due to Inadequate Meet and Confer

by BakerHostetler on

Discovery is not about gamesmanship, and parties are expected to engage in meaningful negotiation about the terms of discovery agreements. That is the message from Judge A. Kathleen Tomlinson of the Eastern District of New...more

Court Rules that Plaintiff’s Request for Data from Defendant is “Extraordinarily Burdensome”: eDiscovery Case Week

by CloudNine on

In Solo v. United Parcel Services Co., No. 14-12719 (E.D. Mich. Jan. 10, 2017), Michigan Magistrate Judge R. Steven Whalen agreed that the defendant showed that the level of data requested by the plaintiff “would be...more

Cloud Data is Within Defendant’s Possession, Custody and Control, Court Rules: eDiscovery Case Law

by CloudNine on

This case is a few months old, but is one of the cases we will cover in next week’s webcast Key eDiscovery Case Law Review for First Half of 2017. In Williams v. Angie’s List, No. 1:16-00878-WTL-MJD (S.D. Ind. April 10,...more

Court Limits Burden for Defendant to Search Loan Numbers, Splits Costs Between Parties: eDiscovery Case Law

by CloudNine on

In Phoenix Light SF Ltd. v. Deutsche Bank Nat’l Trust Co., No. 14cv10103 (JGK)(DF) (S.D.N.Y. June 5, 2017), New York Magistrate Judge Debra Freeman granted the plaintiffs’ motion to compel in part, ordering the defendant to...more

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