EDRM and ACEDS Partner Up: eDiscovery Trends

By : Doug Austin

A couple of days ago, two of the most recognized organizations for promoting standards within the eDiscovery industry announced an alliance. EDRM and the Association of Certified E-Discovery Specialists (ACEDS) have announced a new “affinity” partnership. Among other things, that could mean savings to you if you want to be a member of both organizations.

Get a Jump on Information Governance Best Practices at LegalTech with this Boot Camp: eDiscovery Trends

By : Doug Austin

Last year, the Information Governance Initiative (IGI), a cross-disciplinary consortium and think tank focused on advancing information governance was launched (we covered it here and here). Now, for New Yorkers and early birds to next week’s LegalTech® show, the IGI has partnered with Cardozo School of Law, in association with LegalTech New York, to bring you a one-day information governance boot camp next Monday, February 2.

Plaintiffs Not Sanctioned for Late Production, Citing Their $29,000 Expense to Hire Experts to Assist: eDiscovery Case Law

By : Doug Austin

In Federico et al. v. Lincoln Military Housing LLC, et al., Virginia Magistrate Judge Douglas E. Miller, concluding that the defendants had not established that the plaintiffs had acted in bad faith when failing to meet production deadlines, declined to impose “any further sanction against Plaintiffs beyond the $29,000 expense associated with their expert's production of the Facebook records”, except for a portion of the reasonable attorney's fees associated with the original motion to compel.

Guide for Making the Most of LegalTech: eDiscovery Trends

By : Jane Gennarelli

Believe it or not, LegalTech® New York (LTNY) starts in one week. The show can be overwhelming if you’re not prepared. A couple of weeks ago, Monica Bay wrote a terrific article in Law Technology News (Tips for Newbies to Survive LegalTech New York) which provides suggestions from several show veterans on how to get the most out of the show. That reminded me that Jane Gennarelli wrote a post on this blog three years ago with her own suggestions, so I’ve revisited it below. For best results, check out both articles and make your game plan from there!

California Has an Opinion about Attorney Blogging Too – eDiscovery Trends

By : Doug Austin

Last week, we reported on an updated proposed opinion in California that required that attorneys in that state better be sufficiently skilled in eDiscovery, hire technical consultants or competent counsel that is sufficiently skilled, or decline representation in cases where eDiscovery is required (after reporting on the original proposed opinion back in April). Now, the California State Bar Standing Committee on Professional Responsibility and Conduct (COPRAC) has turned its attention to another relatable topic for me – blogging (by attorneys, of course).

Plaintiff Sanctioned for Late Production, But Not for Failure to Produce Data Held by Outside Vendor: eDiscovery Case Law

By : Doug Austin

In Ablan v. Bank of America, Illinois Magistrate Judge Daniel G. Martin recommended that the defendant’s Motion for Sanctions should be granted in part and denied in part, recommending that the plaintiffs be barred from using any new information at summary judgment or at trial that was contained on eight CD-ROMs produced late, but recommending no sanctions for failing to produce or make available documents held by the plaintiff’s outside vendor.

The First 7 to 10 Days May Make or Break Your Case: eDiscovery Best Practices

By : Doug Austin

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 electronically stored information (ESI) is located and whether to proceed with the case or attempt to settle with opposing counsel. Here are several of the key early activities that can assist in deciding whether to litigate or settle the case.

Payday Loan Company Sanctioned for Discovery Violations: eDiscovery Case Law

By : Doug Austin

In James v. National Financial LLC, Delaware Vice Chancellor Laster granted the plaintiff’s motion for sanctions after determining that the defendant’s “discovery misconduct calls for serious measures”. However, the plaintiff’s request for a default judgment was not granted, but lesser sanctions that included attorneys’ fees and a ruling that the lack of information contained in the requested document resulted in an admission.

DESI Wants Your Input! – eDiscovery Trends

By : Doug Austin

It’s not Desi Arnaz who wants it, but the Discovery of Electronically Stored Information (DESI) VI workshop, which is being held at the University of San Diego on June 8 as part of the 15th International Conference on Artificial Intelligence & Law (ICAIL 2015).

New California eDiscovery Competence Proposed Opinion Has Been Revised – eDiscovery Trends

By : Doug Austin

Last April, we reported on a new proposed opinion in California that required that attorneys in that state better be sufficiently skilled in eDiscovery, hire technical consultants or competent counsel that is sufficiently skilled, or decline representation in cases where eDiscovery is required. Now, that opinion has been revised and the comment period has been reset.

Expanded Sources of ESI May Leave You “Fit” to be Tied – eDiscovery Trends

By : Doug Austin

One of the items that I bought my wife for Christmas (which she really wanted) was an UP 24™ Fitness Tracker, which is a wristband that tracks a variety of fitness metrics, including steps taken, workouts logged and calories burned (not to mention sleep cycles) and enables you to share and compare your stats with your friends via an app on your mobile device. Another example of a similar device is a Fitbit®. Based on a recent case, these devices are just another example of new devices from which relevant ESI may be collected for discovery.

Court Orders Defendant to Submit Further Declaration after Plaintiff Disputes its Claimed eDiscovery Costs – eDiscovery Case Law

By : Doug Austin

In Bonillas v. United Air Lines Inc., California Chief Magistrate Judge Elizabeth D. LaPorte ordered the defendant to submit a further declaration supporting its claimed eDiscovery costs by addressing several issues raised by no later than January 5, 2015, with the plaintiff having until January 8, 2015 to submit a brief response to the further declaration if he chose to do so.

Three “C”s, Cowboys, Cannibals and Craig (Ball) – eDiscovery Best Practices

By : Doug Austin

They say that a joke is only old if you haven’t heard it before. In that vein, an article about eDiscovery is only old if you haven’t read it before. Craig Ball is currently revisiting some topics that he covered ten years ago with an updated look, making them appropriate for 1) people who weren’t working in eDiscovery ten years ago (which is probably a lot of you), 2) people who haven’t read the articles previously and 3) people who have read the articles previously, but haven’t seen his updated takes. In other words, everybody.

EDRM Publishes Clarification to its Model Code of Conduct – eDiscovery Trends

By : Doug Austin

Yesterday, we discussed an update to the Cooperation Proclamation: Resources for the Judiciary from The Sedona Conference®. Today, another titan of eDiscovery standards and best practices, EDRM, has an update of its own.

Sedona Conference Updates Guide for Judges Again – eDiscovery Trends

By : Doug Austin

In 2011, The Sedona Conference® made a public comments version of the Cooperation Proclamation: Resources for the Judiciary available on the Sedona Conference website. As the Preface states, “The Resources are intended to aid State and federal judges in the management of electronically stored information (“ESI”) in civil actions for which the judges are responsible”. In 2012, the Resources guide was updated. Last month, the Resources guide was updated again and the free version is available on the Sedona Conference web site.

Notice Anything Different? – eDiscovery Redesign

By : Doug Austin

Besides the fact that this is a rare Saturday post for us? If you’re an email subscriber to eDiscovery Daily, you may have noticed something different in the past few days – a new design for the blog!

2014 eDiscovery Case Law Year in Review, Part 4

By : Doug Austin

As we noted yesterday, Wednesday and Tuesday, eDiscoveryDaily published 93 posts related to eDiscovery case decisions and activities over the past year, covering 68 unique cases! Yesterday, we looked back at cases related to privilege and inadvertent disclosures, requests for social media, cases involving technology assisted review and the case of the year – the ubiquitous Apple v. Samsung dispute. Today, let’s take a look back at cases related to sanctions and spoliation.

2014 eDiscovery Case Law Year in Review, Part 3

By : Doug Austin

As we noted yesterday and the day before, eDiscoveryDaily published 93 posts related to eDiscovery case decisions and activities over the past year, covering 68 unique cases! Yesterday, we looked back at cases related to eDiscovery cost sharing and reimbursement, fee disputes and production format disputes. Today, let’s take a look back at cases related to privilege and inadvertent disclosures, requests for social media, cases involving technology assisted review and the case of the year – the ubiquitous Apple v. Samsung dispute.

2014 eDiscovery Case Law Year in Review, Part 2

By : Doug Austin

As we noted yesterday, eDiscoveryDaily published 93 posts related to eDiscovery case decisions and activities over the past year, covering 68 unique cases! Yesterday, we looked back at cases related to admissibility and proportionality as well as cases involving discovery on discovery. Today, let’s take a look back at cases related to eDiscovery cost sharing and reimbursement, fee disputes and production format disputes.

2014 eDiscovery Case Law Year in Review, Part 1

By : Doug Austin

It’s time for our annual review of eDiscovery case law! We had more than our share of sanctions granted and denied, as well as disputes over admissibility of electronically stored information (ESI), eDiscovery cost reimbursement, and production formats, even disputes regarding eDiscovery fees. So, as we did last year and the year before that and also the year before that, let’s take a look back at 2014!

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About the Bloggers

Brad Jenkins

Brad Jenkins, President and CEO of CloudNine Discovery, has over 20 years of experience leading customer focused companies in the litigation support arena. Brad has authored many articles on litigation support issues, and has spoken before national audiences on document management practices and solutions.

Doug Austin

Doug Austin, Professional Services Manager for CloudNine Discovery, has over 20 years experience providing legal technology consulting and technical project management services to numerous commercial and government clients. Doug has also authored several articles on eDiscovery best practices.

Jane Gennarelli

Jane Gennarelli is a principal of Magellan’s Law Corporation and has been assisting litigators in effectively handling discovery materials for over 30 years. She authored the company’s Best Practices in a Box™ content product and assists firms in applying technology to document handling tasks. She is a known expert and often does webinars and presentations for litigation support professionals around the country. Jane can be reached by email at jane@litigationbestpractices.com.