Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
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Cost-Shifting Inappropriate when Data is Kept in an Accessible Format – eDiscovery Case Law
 Cost-Shifting Inappropriate when Data is Kept in an Accessible Format – eDiscovery Case Law 150 150 CloudNine

In Novick v. AXA Network, New York Magistrate Judge Kevin Nathaniel Fox ruled that cost-shifting was inappropriate where data was kept in an accessible format.

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Is a Blended Document Review Rate of $466 Per Hour Excessive? – eDiscovery Replay
 Is a Blended Document Review Rate of $466 Per Hour Excessive? – eDiscovery Replay 150 150 CloudNine

Remember when we raised the question as to whether it is time to ditch the per hour model for document review? One of the cases we highlighted for perceived overbilling was ruled recently.

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Crispin v. Christian Audigier Inc. – eDiscovery Replay
 Crispin v. Christian Audigier Inc. – eDiscovery Replay 150 150 CloudNine

Discoverability of social media content has been a big topic, with several cases addressing the issue. Here’s a look back at Crispin v. Christian Audigier Inc., which addresses whether ‘private’ data on social networks is discoverable.

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Does Size Matter? – eDiscovery Replay
 Does Size Matter? – eDiscovery Replay 150 150 CloudNine

I frequently get asked how big does an ESI collection need to be to benefit from eDiscovery technology. In a recent case with one of my clients, the client had a fairly small collection – only about 4 GB. But, when a judge ruled that they had to start conducting depositions in a week, they needed to review that data in a weekend. Without the ability to cull the data and using OnDemand® to manage the linear review, they would not have been able to make that deadline. So, they clearly benefited from the use of eDiscovery technology in that case. But, if you’re not facing a tight deadline, how large does your collection need to be for the use of eDiscovery technology to provide benefits?

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The Number of Pages in Each Gigabyte Can Vary Widely – eDiscovery Replay
 The Number of Pages in Each Gigabyte Can Vary Widely – eDiscovery Replay 150 150 CloudNine

A while back, we talked about how the average number of pages in each gigabyte is approximately 50,000 to 75,000 pages and that each gigabyte effectively culled out can save $18,750 in review costs. But, did you know just how widely the number of pages per gigabyte can vary?

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The Ubiquitous Apple Samsung Case and “Patentgate” – eDiscovery Case Law
 The Ubiquitous Apple Samsung Case and “Patentgate” – eDiscovery Case Law 150 150 CloudNine

When something gets the “gate” suffix added to it, that’s not a good thing. It’s hard to believe that a case can get more intense than when a billion dollar verdict is awarded (later reduced to a measly $599 million), but the Apple v. Samsung case seems to only be getting more intense, due to the disclosure of confidential agreements that Apple had with Nokia, Ericsson, Sharp and Philips – now widely referred to as “patentgate”.

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Another New Deliverable from EDRM – eDiscovery Trends
 Another New Deliverable from EDRM – eDiscovery Trends 150 150 CloudNine

Do you know what container files are? How about the L600 Code Series? Do you know common methods for culling data? What about the difference between a targeted and non-targeted collection strategy? If you don’t know the answer to these and many other questions related to eDiscovery, you should check out the latest deliverable from the Electronic Discovery Reference Model (EDRM) Metrics team, the EDRM Metrics Glossary.

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Here’s a New eDiscovery Market Projection That’s Absolutely Rad(icati) – eDiscovery Trends
 Here’s a New eDiscovery Market Projection That’s Absolutely Rad(icati) – eDiscovery Trends 150 150 CloudNine

The Radicati Group, Inc. has just released its latest study, eDiscovery Market, 2013-2017, that offers an in-depth analysis of the worldwide market for eDiscovery software solutions. According to their study, the market for eDiscovery solutions will grow quite a bit over the next four years!

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Court Rules Defendant Doesn’t Have Controls of PCs of Former Members, Denies Plaintiff’s Motion to Compel – eDiscovery Case Law
 Court Rules Defendant Doesn’t Have Controls of PCs of Former Members, Denies Plaintiff’s Motion to Compel – eDiscovery Case Law 150 150 CloudNine

To require a party to produce evidence in discovery, the party must have “possession, custody, or control” of the evidence. In Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas v. Nemaha Brown Watershed Joint District No. 7, the defendant did not have control over the personal computers of its former members, employees, or staff; it did not have the legal right to obtain information from them “on demand.” Therefore, the court rejected the plaintiff’s motion to compel and refused to order the forensic examination of the personal computers of current or former members, employees, or staff.

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Opening Statement from Senator Coons on Proposed Rules Changes – eDiscovery Trends
 Opening Statement from Senator Coons on Proposed Rules Changes – eDiscovery Trends 150 150 CloudNine

Yesterday, we discussed the opening of a congressional hearing opened with at least one senator voicing concerns about whether the proposed changes to the Federal rules (drafted and approved for public comment) would be effective at curbing the skyrocketing costs of discovery. Based on a couple of questions that I received about his comments, I located the Opening Statement for the hearing in question and thought it would be of interest.

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