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.

Court Allows Costs for TIFF Conversion and OCR, Likens it to “Making Copies” – eDiscovery Case Law

By : Doug Austin

In Kuznyetsov v. West Penn Allegheny Health Sys., Pennsylvania Senior District Judge Donetta W. Ambrose upheld the Clerk of Courts issuance of Taxation of Costs for $60,890.97 in favor of the defendants and against the named the plaintiffs, including costs for “scanning and conversion of native files to the agreed-upon format for production of ESI”.

Want an Automated, Easy and Inexpensive Way to Process Your Data? Read On – eDiscovery Trends

By : Doug Austin

A couple of months ago, we had a laugh at Ralph Losey’s post that took a humorous look at the scenario where it’s Friday at 5 and you need data processed to be reviewed over the weekend. It was a funny take on a real problem that most of us have experienced from time to time. But, there may be a solution to this problem that’s automated, easy and inexpensive.

Be Afraid, Be Very Afraid – eDiscovery Horrors!

By : Doug Austin

Today is Halloween. Every year at this time, because (after all) we’re an eDiscovery blog, we try to “scare” you with tales of eDiscovery horrors. This is our fifth year of doing so, let’s see how we do this year. Be afraid, be very afraid!

Those Pesky Email Signatures and Disclaimers – eDiscovery Best Practices

By : Doug Austin

Are email signatures and disclaimers causing more trouble than they’re worth? According to one author, perhaps they are.

Text Overlays on Image-Only PDF Files Can Be Problematic – eDiscovery Best Practices

By : Doug Austin

Recently, we at CloudNine Discovery received a set of Adobe PDF files from a client that raised an issue regarding the handling of those files for searching and reviewing purposes. The issue serves as a cautionary tale for those working with image-only PDFs in their document collection. Here’s a recap of the issue.

How Mature is Your Organization in Handling eDiscovery? – eDiscovery Best Practices

By : Doug Austin

A new self-assessment resource from EDRM helps you answer that question. A few days ago, EDRM announced the release of the EDRM eDiscovery Maturity Self-Assessment Test (eMSAT-1), the “first self-assessment resource to help organizations measure their eDiscovery maturity”. Find out more about it here.

Good Processing Requires a Sound Process – Best of eDiscovery Daily

By : Doug Austin

As we discussed Wednesday, working with electronic files in a review tool is NOT just simply a matter of loading the files and getting started. Electronic files are diverse and can represent a whole collection of issues to address in order to process them for loading. To address those issues effectively, processing requires a sound process.

The Files are Already Electronic, How Hard Can They Be to Load? – Best of eDiscovery Daily

By : Doug Austin

Since hard copy discovery became electronic discovery, I’ve worked with a number of clients who expect that working with electronic files in a review tool is simply a matter of loading the files and getting started. Unfortunately, it’s not that simple!

Our 1,000th Post! – eDiscovery Milestones

By : Doug Austin

When we launched nearly four years ago on September 20, 2010, our goal was to be a daily resource for eDiscovery news and analysis. Now, after doing so each business day, I’m happy to announce that today is our 1,000th post on eDiscovery Daily! Check out what we've covered over 1,000 posts!

It’s Friday at 5 and I Need Data Processed to Review this Weekend – eDiscovery Humor

By : Doug Austin

We’ve referenced Ralph Losey’s excellent e-Discovery Team® blog several times before on this blog – it’s a great read and you won’t find a blog that gets more in depth than his does (he has also been gracious enough to participate in our thought leader interview series for the last three years). And, as Ralph has demonstrated before, he has a sense of humor when it comes to electronic discovery.

Are eDiscovery Vendor Fees “Unconscionable”? – eDiscovery Best Practices

By : Doug Austin

Could an eDiscovery vendor actually charge nearly $190,000 to process 505 GB and host it for three months? According to a recent post by Craig Ball in his Ball in Your Court blog, the answer is yes – based on a sworn affidavit from an eDiscovery expert leading a national litigation support vendor.

If Your Documents Are Not Logical, Discovery Won’t Be Either – eDiscovery Best Practices

By : Doug Austin

Scanning may no longer be cool, but it’s still necessary. Electronic discovery still typically includes a paper component. When it comes to paper, how documents are identified is critical to how useful they will be. Here’s an example.

Tom O’Connor of Gulf Coast Legal Technology Center – eDiscovery Trends

By : Doug Austin

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.

Are You Scared Yet? – eDiscovery Horrors!

By : Doug Austin

Today is Halloween. Every year at this time, because (after all) we’re an eDiscovery blog, we try to “scare” you with tales of eDiscovery horrors. So, I have one question: Are you scared yet?

Plaintiffs’ Supreme Effort to Recuse Judge Peck in Da Silva Moore Denied – eDiscovery Case Law

By : Doug Austin

As we discussed back in July, attorneys representing lead plaintiff Monique Da Silva Moore and five other employees filed a petition for a writ of certiorari with the US Supreme Court arguing that New York Magistrate Judge Andrew Peck, who approved an eDiscovery protocol agreed to by the parties that included predictive coding technology, should have recused himself given his previous public statements expressing strong support of predictive coding. Earlier this month, on October 7, that petition was denied by the Supreme Court.

For Successful Discovery, Think Backwards – eDiscovery Best Practices

By : Doug Austin

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

eDiscovery Daily is Three Years Old!

By : Doug Austin

We’ve always been free, now we are three! It’s hard to believe that it has been three years ago today since we launched the eDiscoveryDaily blog. We’re past the “terrible twos” and heading towards pre-school. Before you know it, we’ll be ready to take our driver’s test! Here are some posts over the last six months you may have missed.

Data Needs to Be Converted More Often than You Think – eDiscovery Best Practices

By : Doug Austin

We’ve discussed previously that electronic files aren’t necessarily ready to review just because they’re electronic. They often need processing and good processing requires a sound process. Sometimes that process includes data conversion if the data isn’t in the most useful format.

How Big is Your ESI Collection, Really? – eDiscovery Best Practices

By : Doug Austin

After identifying custodians relevant to the case and collecting files from each, you’ve collected roughly 100 gigabytes (GB) of Microsoft Outlook email PST files and loose electronic files from the custodians. You identify a vendor to process the files to load into a review tool, so that you can perform review and produce the files to opposing counsel. After processing, the vendor sends you a bill – and they’ve charged you to process over 200 GB!! Are they trying to overbill you?



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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.