News & Analysis as of

Discovery Metadata

Other Production Parameters from a Provider’s Point of View: eDiscovery Replay

by CloudNine on

...Yesterday, we began to discuss some of the production parameters that CloudNine collects from our clients in order to ensure that the production includes the correct documents in the required format. But, wait – there’s...more

Production from a Provider’s Point of View: eDiscovery Replay

by CloudNine on

...We sometimes forget that the end goal of the discovery process is production: to produce responsive electronically stored information (ESI) to opposing counsel. But, do you realize how many parameters and potential...more

After Metadata Shows Agreement Documents to Be Unreliable, Defendant’s “Hans” are Tied: eDiscovery Case Law

by CloudNine on

In Ensing v. Ensing, et. al., No. 12591 (Del. Court of Chancery, Mar. 6, 2017), Vice Chancellor Slights ruled for the plaintiff in the case and concluding that the defendant “has engaged in blatant violations of court orders...more

Data on Data on Data

by Williams Venker & Sanders on

Meta Data – Meta What? Computers, Word documents, Excel spread sheets and internet searches have become as ubiquitous with the practice of law as rows of dusty books and libraries once were (and depending on who you ask,...more

California Court Compels Defendant to Re-Produce Electronically Stored Information in Format Requested by Plaintiffs

by Jackson Lewis P.C. on

A California federal trial court has granted the plaintiffs’ motion to compel re-production of electronically stored information (“ESI”) in native format with all associated metadata, while also granting plaintiffs their...more

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

by Jackson Lewis P.C. on

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more

E-Discovery Update: Get Your Metadata Straight

by McGuireWoods LLP on

Tired of hearing about metadata? Here’s one case where it made a difference. In Singh v. Hancock Natural Res. Group, Inc., et al., 2016 U.S. Dist. LEXIS 179974 (E.D. Cal. Dec. 29, 2016), the parties had agreed to produce...more

Court Orders Plaintiff to Produce Emails with Original Metadata: eDiscovery Case Law

by CloudNine on

In Singh et. al. v. Hancock Natural Resources Group, Inc. et. al., No. 15-1435 (E.D. Cal., Dec. 29, 2016), California Magistrate Judge Jennifer L. Thurston granted the defendants’ motion to compel (in part), ordering the...more

2016 eDiscovery Case Law Year in Review, Part 2

by CloudNine on

As we noted yesterday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to admissibility and...more

Finding Categorical Privilege Log to Be Inadequate, Court Orders Plaintiff to Provide a Metadata Log: eDiscovery Case Law

by CloudNine on

In Companion Property and Casualty Insurance Company v. U.S. Bank N.A., No. 15-01300 (D. S.C., Nov. 3, 2016), South Carolina District Judge J. Michelle Childs determined that the plaintiff’s categorical Privilege Log was...more

E-Discovery Nightmares: 5 Experts Share Tales of Redactions, Huge Data Sets, and Things That Go Bump in the Night

by Exterro, Inc. on

Now that the days are growing short, and the summer sun gone, leaving us with overcast skies and wind driven mists clinging to the rain-soaked hills, the mood is set for telling stories of ghouls, goblins, and other specters...more

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

by CloudNine on

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

May The Force be with You: Binding the E-Discovery Process Together

by Exterro, Inc. on

The idea that all things are connected is a comforting one. Some people long to be unified with other people, both loved ones and strangers. Others seek unity with the natural world--flora and fauna, water and stone. Even in...more

Everything but the Kitchen Sink: New Data Types and E-Discovery

by Exterro, Inc. on

Almost any activity we take part in creates data; it no longer resides just on email servers or your laptop or mobile phones. Data resides in the cloud, in apps, on social media, in your watch or fitness tracker. For...more

Administrative Determinations by the Supreme Court on the Report and Recommendations of the Working Group on Ethical Issues...

by Kelley Drye & Warren LLP on

Last week, the New Jersey Supreme Court accepted the recommendation of a task force it established to study whether New Jersey’s civil discovery and ethics rules should take account of “metadata” in electronically-transmitted...more

FRANCHISEE 101: 7-Eleven Ordered to Disclose Metadata

by Lewitt Hackman on

A federal court has ordered 7-Eleven to disclose its metadata in three franchisees' claims that they were targeted for termination for financial, political and racially discriminatory reasons. Metadata is deep down "data...more

Lawyer's Duty to Preserve Social Media Evidence

by Cozen O'Connor on

Lawyers must take “appropriate” steps to preserve their clients’ potentially relevant and discoverable social media evidence. That is the key take-away from an ethics opinion recently issued by the Philadelphia Bar...more

E-Discovery in 2013 – Waiting for Godot, Closing Kimonos, and Your World Doesn’t Just Seem Bigger

by BakerHostetler on

In some respects, 2013 seemed like a conversation between Vladimir and Estragon. Some commentators likened it to a simple, unified message that finally had E-Discovery practitioners, litigators in general, and affected...more

eDiscovery: Tips and Traps (Presentation)

by Jackson Walker on

•GHOST/MIRROR: Complete bit by bit copy of a drive. (Not just copying data; actually reproducing the hard drive.) •LEGACY: Information from older systems no longer actively supported and not easily...more

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