Yesterday, we talked about addressing parameters of production up front to ensure that those requirements make sense and avoid foreseeable production problems well before the production step. Today, we will talk about quality control (QC) mechanisms to make sure that the production is complete and accurate. There are a number of checks that can and should be performed on the production set, prior to producing it to the requesting party. Here are some examples.
Most of the “press” associated with eDiscovery ranges from the “left side of the EDRM model” (i.e., Information Management, Identification, Preservation, Collection) through the stages to prepare materials for production (i.e., Processing, Review and Analysis). All of those phases lead to one inevitable stage in eDiscovery: Production. Yet, few people talk about the actual production step. If Preservation, Collection and Review are the “John”, “Paul” and “George” of the eDiscovery process, Production is “Ringo”.
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!
I love Paul Simon’s music. One of my favorite songs of his is Mother and Child Reunion. Of course, I’m such an eDiscovery nerd that every time I think of that song, I think of keeping email and attachment families together. If you don’t remember the Mother and Child Reunion, you might provide an incomplete production to opposing counsel.
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.
Yesterday, we began to discuss some of the production parameters that CloudNine Discovery collects from our clients in order to ensure that the production includes the correct documents in the required format. But, wait – there’s more! Let’s take a look at some other examples of information we collect from our clients.
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 permutations there can be to the production process? Let’s take a look.
In Kyko Global Inc. v. Prithvi Info. Solutions Ltd., Washington Chief District Judge Marsha J. Pechman ruled that the defendants’ did not waive their attorney-client privilege on the computer of one of the defendants purchased by plaintiffs at public auction, denied the defendants’ motion to disqualify the plaintiff’s counsel for purchasing the computer and ordered the plaintiffs to provide defendants with a copy of the hard drive within three days for the defendants to review it for privilege and provide defendants with a privilege log within seven days of the transfer.
In Brookshire Bros., Ltd. v. Aldridge, the Supreme Court of Texas determined “that imposition of the severe sanction of a spoliation instruction was an abuse of discretion” in the trial court, reversed the court of appeals' judgment and remanded the case for a new trial.
In Brown v. Tellermate Holdings, Magistrate Judge Terence Kemp granted plaintiffs’ motion for judgment and motion to strike, ruling that the defendant could not “present or rely upon evidence that it terminated the Browns' employment for performance-related reasons” and enabling the plaintiffs to use documents produced by the defendant “designated as attorneys'-eyes-only” to be used by the plaintiffs “without restriction”, due to the defendant’s failure to preserve or produce data from their Salesforce.com database.
Over the past couple of weeks, we’ve taken a fresh look at Twitter’s Law Enforcement Policies and their latest Transparency Report to show government requests for data, looked at (for the first time) LinkedIn’s Privacy and Law Enforcement Data Request Guidelines and Transparency Report and, yesterday, looked at Facebook’s policies and Government Request Reports. Today, we will look at Transparency Reports for other companies.
Two weeks ago, we took a fresh look at Twitter’s Law Enforcement Policies and their latest Transparency Report to show government requests for data, then last week (for the first time), we looked at LinkedIn’s Privacy and Law Enforcement Data Request Guidelines and Transparency Report. This week, we’ll take a look at Facebook’s policies and Government Request Reports.
Yesterday, we talked about LinkedIn’s Privacy and Law Enforcement Data Request Guidelines. Like Twitter and other social media companies, LinkedIn also discloses a semi-annual Transparency Report to inform the public of the frequency and type of government requests the company receives regarding member data. Let’s take a look.
It’s time to take another look at the social media platforms to see how they handle private information and law enforcement requests (such as subpoenas). Let’s start with Twitter.
In a dispute over ESI protocols in FDIC v. Bowden, Georgia Magistrate Judge G. R. Smith approved the ESI protocol from the FDIC and suggested the parties consider the use of predictive coding.
In Chapman v. Hiland Operating, LLC, while noting that he was “skeptical” that reactivating the plaintiff’s Facebook account would produce any relevant, noncumulative information, North Dakota Magistrate Judge Charles S. Miller ordered the plaintiff to “make a reasonable, good faith attempt” to reactivate her Facebook account.
In Raines v. College Now Greater Cleveland, Inc., Ohio District Judge James S. Gwin refused to dismiss the plaintiff’s claim of tortious spoliation of evidence due to the defendant’s failure to produce the metadata associated with a key report authored by the plaintiff.
In Stallings v. City of Johnston City, Illinois Chief District Judge David R. Herndon modified an earlier order by a magistrate judge in response to the plaintiff’s appeal, claiming that the order violated the privacy rights of the plaintiff, and of minor children with whom the plaintiff had held conversations on Facebook.
A couple of weeks ago, we covered a case where the US Government was ordered to continue providing access to an eDiscovery database to a defendant in a criminal case. That case shed light on a growing trend in the industry that I have also observed personally – “producing” documents to opposing counsel by providing access to the documents via a hosted eDiscovery solution.
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