For a Successful Outcome to Your Discovery Project, Work Backwards: eDiscovery Best Practices

By : Doug Austin

While the Electronic Discovery Reference Model from EDRM has become the standard model for the workflow of the process for handling electronically stored information (ESI) in discovery, it might be helpful to think about the EDRM model backwards, whether you’re the producing party or the receiving party.

Court Untangles Form of Production Dispute with Curling Iron Manufacturer: eDiscovery Case Law

By : Doug Austin

In Wilson v. Conair Corp., California Magistrate Judge Stanley A. Boone granted in part the plaintiff's motion to compel production, by requiring the defendant to produce further ESI in native format if feasible or TIFF format with the associated metadata, as well as to produce associated metadata for its prior production if it had not already done so.

Norton Rose Fulbright’s Latest Survey Shows Majority of Companies use TAR, Collect from Mobile Devices: eDiscovery Trends

By : Doug Austin

According to Norton Rose Fulbright’s Litigation Trends Annual Survey for 2015 released last week, companies in the United States continue to deal with, and spend more on litigation. From an eDiscovery standpoint, the survey showed that more than half of respondents preserve and collect data from employee mobile devices and use technology assisted review, and a clear majority of respondents still rely on self-preservation to fulfill preservation obligations for at least some cases.

Tired of the “Crap”, Court Sanctions Investors and Lawyers for Several Instances of Spoliation: eDiscovery Case Law

By : Doug Austin

In Clear-View Technologies, Inc., v. Rasnick et al, California Magistrate Judge Paul S. Grewal sanctioned the defendants $212,320 and also granted a permissive adverse jury instruction that allows the presumption that the defendants' spoliated documents due to a series of “transgressions” by the defendants and their prior counsel.

Here’s Some Useful Criteria for Evaluating Information Governance Vendors: eDiscovery Best Practices

By : Doug Austin

Rob Robinson’s excellent Complex Discovery blog has been a terrific resource for eDiscovery information for several years now, covering everything from a “mashup” of eDiscovery market estimates to mergers, acquisitions and investments in the eDiscovery industry. His article from last week provides some useful information to organizations looking to select the right information governance vendor for their needs.

Court Rejects Defendants Motion Seeking Limitless Access to Plaintiff’s Facebook Account: eDiscovery Case Law

By : Doug Austin

In the class action In re Milo’s Kitchen Dog Treats Consolidated Cases, Pennsylvania Magistrate Judge Maureen P. Kelly denied the defendants’ Motion to Compel Unredacted Facebook Data File and Production of Username and Password, disagreeing that the discovery of one highly relevant Facebook entry justified the defendants to be “somehow entitled to limitless access to her Facebook account”. Judge Kelly did order the plaintiff to produce previously produced redacted Facebook pages to the Court unredacted so that an in camera inspection could be conducted to confirm that the redacted information was truly privileged.

Are You as “E-Savvy” as You Need to Be in Your “E-Disclosure” Process?: eDiscovery Best Practices

By : Doug Austin

Craig Ball’s Ball in Your Court blog is always an excellent read, even when he writes it “across the pond” over in London. His latest post discusses how “fighting the last war” will eventually cost you when you come across an “e-savvy” opponent.

Law Departments and Law Firms Getting Smarter About Data Privacy and Security, According to Huron Legal: eDiscovery Trends

By : Doug Austin

How are recent trends related to data privacy and security affecting the legal industry? Though one recent report was critical of law firms for failing to disclose data breaches, according to a new Q&A from Huron Legal, law departments, and law firms are getting smarter about addressing data privacy and security issues.

Here Are Other Team Members that a Winning Team Needs: eDiscovery Best Practices

By : Doug Austin

When beginning a new eDiscovery project, a good place so start is to estimate the various tasks that will need to be performed and identify the type of personnel that will be needed. It is also important as the project progresses to revisit the project tasks and assignments to determine whether additional personnel are needed or if you can cut back. Yesterday, we began discussing the types of roles that could be associated with a typical eDiscovery project, here are some other roles,

A Winning Team Needs Several Types of Team Members: eDiscovery Best Practices

By : Doug Austin

When beginning a new eDiscovery project, a good place so start is to estimate the various tasks that will need to be performed and identify the type of personnel that will be needed. It is also important as the project progresses to revisit the project tasks and assignments to determine whether additional personnel are needed or if you can cut back. Here are the types of roles that could be associated with a typical eDiscovery project.

Oh, Thank Heaven! Court Orders 7-Eleven to Produce Metadata: eDiscovery Case Law

By : Doug Austin

In Younes, et al. v. 7-Eleven, Inc., New Jersey Magistrate Judge Joel Schneider granted the plaintiffs’ motions to compel the production of metadata for selected groups of documents, denying the defendant’s cross-motions to bar the production of metadata.

Ten Years Later, EDRM is Still Going Strong: eDiscovery Best Practices

By : Doug Austin

It’s hard to believe, but ten years ago this month the leading standards organization for the eDiscovery market was launched. Launched in May 2005, the Electronic Discovery Reference Model (now simply known as EDRM) was created to address the lack of standards and guidelines in the electronic discovery market. This week, EDRM moved into its second decade with its annual Spring Workshop in St. Paul, MN.

For Better Document Review, You Need to Approach a ZEN State: eDiscovery Best Practices

By : Doug Austin

Among the many definitions of the word “zen”, the Urban Dictionary provides perhaps the most appropriate (non-religious) definition of the word, as follows: a total state of focus that incorporates a total togetherness of body and mind. However, when it comes to document review, a new web site by eDiscovery thought leader Ralph Losey may change your way of thinking about the word “ZEN”.

Appeals Court Upholds “Death Penalty Order” Sanction That Leads to Multi-Million Dollar Judgment: eDiscovery Case Law

By : Doug Austin

In Crews v. Avco Corp., a Washington Court of Appeals upheld a “death penalty order” against the defendant for discovery violations, including the failure to produce relevant information, but remanded for amendment of the final judgment of over $17.28 million to reflect any offsets for settlements with other defendants.

Even When You Win in the Playoffs, You Should Still Think Before You Hit Send: eDiscovery Trends

By : Doug Austin

Since social media has become a big part of discovery, we like to good social media disaster story every once in a while. The latest example is the (now former) social media manager of my hometown Houston Rockets basketball team, who lost his job over an offensive tweet.

One Step to Go for the Federal Rules Changes. Will it Be a Formality?: eDiscovery Trends

By : Doug Austin

Wednesday, Supreme Court Chief Justice John G. Roberts submitted proposed amendments to the Federal Rules of Civil Procedure to Congress via an order, accompanied by letters to Speaker of the House John Boehner and President of the Senate (and Vice President of the US) Joe Biden.

It’s Draft Day! What Skills Does Your eDiscovery Quarterback Need?: eDiscovery Best Practices

By : Doug Austin

If you’re a fan of a pro football team, you’ve been waiting months to see what players your favorite team will be drafting. That wait ends tonight as the annual NFL draft kicks off. When it comes to selecting football players, the most important player is the quarterback. Like a football team, every litigation team navigating the discovery process needs a good “quarterback”. What skills does your eDiscovery “quarterback” need? Let’s take a look.

This Guy Says that Computers Could Eventually Replace Lawyers – In the Courtroom: eDiscovery Trends

By : Doug Austin

Over four years ago, we covered an article in The New York Times that discussed how the use of artificial intelligence could lead to replacing “armies of expensive lawyers” during the eDiscovery process. Now, a new article in The Wall Street Journal online goes a step further, speculating that “computers will eventually pass the legal bar exam and defendants will be given the right to be represented by a computational attorney if they so wish”.

“How Much Will it Cost?” is Not Necessarily the Right Question to Ask: eDiscovery Best Practices

By : Doug Austin

By far, the most important (and, therefore, the most asked) question asked of eDiscovery providers is “How much will it cost?”. Actually, you should be asking a few questions to get that answer – if they are the right questions, you can actually get the answer you seek.

Denial of Motion for Spoliation Sanctions Leaves Plaintiff Less Than Glad: eDiscovery Case Law

By : Doug Austin

In Gladue v. Saint Francis Medical Center, Missouri District Judge Carol E. Jackson denied the plaintiff's motion for evidentiary and monetary sanctions due to spoliation of evidence, finding that the defendant did not have a duty to preserve emails deleted as part of routine IT operations, had diligently attempted to recover deleted emails and that the plaintiff failed to show that any of the unrecovered emails were relevant to her claims.

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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.