In Lunkenheimer Co. v. Tyco Flow Control Pacific Party Ltd., Ohio District Judge Timothy S. Black ruled that the duty to preserve for the defendant (an Australian company with offices and facilities only in Australia) did not begin until the complaint was filed in US courts in December 2011, denying the assertion of the intervenor/counter defendant that the duty to preserve arose in 2002.
It may not be game time, but the question of what time it really is has a significant effect on how eDiscovery is handled.
A couple of weeks ago, a $384 million class action was filed in Canada against professional services firm Deloitte LLP on behalf of hundreds of lawyers working at a document-review company it acquired last year. Even in Canadian dollars, that’s a lot.
In the case In Re: Lithium Ion Batteries Antitrust Litigation, California Magistrate Judge Donna M. Ryu ordered the defendants to comply with the plaintiffs’ proposed qualitative sampling process for keyword search terms, citing DaSilva Moore that keywords “often are overinclusive”.
As we have reported in the past, the eDiscovery industry is still growing at an impressive rate. One recent market report estimated that the global eDiscovery market is forecast to reach $15.65 billion by 2020. So, who is investing in the eDiscovery industry?
Let’s party! Fifty four months ago today, eDiscovery Daily was launched. 1,129 posts later, a lot has happened in the industry that we’ve covered. 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!
In Burdette v. Panola County, Mississippi Magistrate Judge S. Allan Alexander granted the plaintiff’s Motion to Quash Subpoena where the defendant subpoenaed the plaintiff’s text messages and call log records from his mobile provider.
Though I write a daily blog, believe it or not, I do have a “day job”. I’m Vice President of Professional Services at CloudNine, and I also coordinate our marketing and software rollouts. Sometimes, I’m able to write my blog post during the work day; other times, I have to wait until the evening to do so, possibly as late as 8 or 9 PM, depending on my workload for that day. When blogging interferes with your “day job”, it can be difficult to do both.
In Comprehensive Addiction Treatment Center, Inc. v. Leslea, Colorado District Judge Christine M. Arguello denied the plaintiffs’ motion to review Clerk's Taxing of Costs Under F.R.C.P. 54(D)(1), upholding the award by the Clerk of the Court of $57,873.61 in taxable costs.
When dealing with electronic data, some attorneys think that since the files are already electronic, how hard can they be to load? Unfortunately, it’s not as simple as that. To be useable in discovery, electronic files need to be processed and good processing requires a sound process. Leave it to EDRM to offer a new standards guide to establish a set of basic standards for processing various types of data for eDiscovery.
According to a new survey of more than 125 legal technology professionals released by Huron Legal earlier this week, 68% of respondents expect their organizations’ investment in legal data analytics to increase in the next two years.
In Rio Tinto Plc v. Vale S.A., New York Magistrate Judge Andrew J. Peck approved the proposed protocol for technology assisted review (TAR) presented by the parties, but made it clear to note that “the Court's approval ‘does not mean. . . that the exact ESI protocol approved here will be appropriate in all [or any] future cases that utilize [TAR].’”
Today’s thought leader is Craig Ball. A frequent court appointed special master in electronic evidence, Craig is a prolific contributor to continuing legal and professional education programs throughout the United States, having delivered over 1,500 presentations and papers. Craig’s articles on forensic technology and electronic discovery frequently appear in the national media, and he currently blogs on those topics at ballinyourcourt.com.
Last week, we announced that eDiscovery Daily is a new Education partner of EDRM. University of Florida Levin College of Law is another EDRM Education partner and will be teaming up with EDRM to host the 3rd Annual UFLaw and EDRM Electronic Discovery Conference on Friday, March 27.
Today’s thought leader is Ralph Losey. Ralph is an attorney in private practice with the law firm of Jackson Lewis, LLP, where he is a Shareholder and the firm's National e-Discovery Counsel. Ralph is also a prolific author of eDiscovery books and articles, the principal author and publisher of the popular e-Discovery Team® Blog, founder and owner of an online training program, e-Discovery Team Training, with attorney and technical students all over the world, founder of the new Electronic Discovery Best Practices (EDBP) lawyer-centric work flow model. Ralph is also the publisher of LegalSearchScience.com and PreSuit.com on predictive coding methods and applications.
Today’s thought leader is George Socha. A litigator for 16 years, George is President of Socha Consulting LLC, offering services as an electronic discovery expert witness, special master and advisor to corporations, law firms and their clients, and legal vertical market software and service providers in the areas of electronic discovery and automated litigation support. George has also been co-author of the leading survey on the electronic discovery market, The Socha-Gelbmann Electronic Discovery Survey; in 2011, he and Tom Gelbmann converted the Survey into Apersee, an online system for selecting eDiscovery providers and their offerings. In 2005, he and Tom Gelbmann launched the Electronic Discovery Reference Model project to establish standards within the eDiscovery industry – today, the EDRM model has become a standard in the industry for the eDiscovery life cycle and there are nine active projects with over 300 members from 81 participating organizations. George has a J.D. for Cornell Law School and a B.A. from the University of Wisconsin – Madison.
Today’s thought leader is Jason R. Baron. An internationally recognized speaker and author on the preservation of electronic documents, Jason is a member of Drinker Biddle’s Information Governance and eDiscovery practice and also a member of the leadership team for the Information Governance Initiative. Jason previously served as Director of Litigation for the U.S. National Archives and Records Administration (NARA) and as trial lawyer and senior counsel at the Department of Justice. He was a founding co-coordinator of the National Institute of Standards and Technology TREC Legal Track, a multi-year international information retrieval project devoted to evaluating search issues in a legal context. He also founded the international DESI (Discovery of Electronically Stored Information) workshop series, bringing together lawyers and academics to discuss cutting-edge issues in eDiscovery.
When we announced our fifth annual thought leader interview series, we announced that we would be publishing our interview with Jason R. Baron of Drinker Biddle & Reath LLP, today. Well, he’s been a bit busy recently, so his interview will be delayed until tomorrow.
If you’re a regular reader of this blog, you know that we have frequently covered announcements by EDRM that range from announcements about new practical tools (such as those here, here and here) to announcements about new partnerships (such as this one here). We love EDRM because they regularly have something interesting to announce which gives us plenty of topic ideas for this blog. Now, EDRM’s latest announcement includes eDiscovery Daily as we are now an Education partner of EDRM!
Today’s thought leader is Tom O’Connor. Tom is a nationally known consultant, speaker and writer in the area of computerized litigation support systems. A frequent lecturer on the subject of legal technology, Tom has been on the faculty of numerous national CLE providers and has taught college level courses on legal technology. Tom's involvement with large cases led him to become familiar with dozens of various software applications for litigation support and he has both designed databases and trained legal staffs in their use on many of the cases mentioned above. This work has involved both public and private law firms of all sizes across the nation. Tom is the Director of the Gulf Coast Legal Technology Center in New Orleans and he just joined Advanced Discovery as a Senior ESI Consultant in January.
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