Knotty Issues of eDiscovery
The recording of the iConect webinar “Let’s Review: Increasing Effectiveness of eDiscovery Review” is available to watch on demand at the following link: Let’s Review. The password is Review. The webinar was sponsored and hosted by iConect, on March 15, 2012. Let’s Review focuses on how to maximize technology on[…]
Read moreDetermining search terms can sink into a voyage on the Pequod hunting a white whale. If a party obsesses over search terms, they may find themselves quoting Captain Ahab as they sink in an over-inclusive ocean of electronically stored information. To The Last, I Grapple With Thee In EEOC v.[…]
Read moreJo Ann Howard & Assocs., P.C. v. Cassity, is a dispute over the production of a Defendant’s initial disclosures. The Defendant described various ESI and other documents as part of their initial disclosures pursuant to Federal Rule of Civil Procedure Rule 26(a)(1). Jo Ann Howard & Assocs., P.C. v. Cassity,[…]
Read moreAirlines don’t just lose luggage. In antitrust litigation over airline baggage fees, a Court sanctioned Delta for not conducting a reasonable inquiry and a “huge hole” in their eDiscovery process. In re Delta/AirTran Baggage Fee Antitrust Litig., 2012 U.S. Dist. LEXIS 13462, 41-43 (N.D. Ga. Feb. 3, 2012). Flight Plan[…]
Read moreWhen it comes to native files with associated metadata, there is no substitute. In a motion battle over a stipulation on the form of production, the Plaintiff stated that ESI should be produced in native file format with associated metadata. In the event ESI needed to be redacted or was[…]
Read moreHigh school students across California are participating in the California Rights Foundation statewide mock trial tournament. The 2012 fact pattern involves a murder trial layered with numerous hearsay issues and a hint of eDiscovery for the students. The Santa Clara County Courts, Santa Clara County Bar Association and Santa Clara[…]
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In Indep. Mktg. Group v. Keen, the Defendant-Requesting Party requested the corporate Plaintiff conduct targeted searches with specific key words on specific custodians on the Plaintiff’s server. Indep. Mktg. Group v. Keen, 2012 U.S. Dist. LEXIS 7702 (M.D. Fla. Jan. 24, 2012). The Plaintiff produced one multiple page PDF without[…]
Read moreIn a dispute between a photographer and an educational textbook publisher, the Plaintiff sough the production of a definition list to the Defendants’ database abbreviations. Bean v. John Wiley & Sons, 2012 U.S. Dist. LEXIS 4900, 1-3 (D. Ariz. Jan. 17, 2012). The Defendants’ sales, printing and distribution database was[…]
Read moreIn a trade secret case involving the search of electronically stored information, the parties disagreed over the use of keywords to search the data sets. Custom Hardware Eng’g & Consulting v. Dowell, 2012 U.S. Dist. LEXIS 146, 7-8 (E.D. Mo. Jan. 3, 2012). The gravamen of the dispute was the[…]
Read moreIn Re National Association of Music Merchants, Musical Instruments and Equipment Antitrust Litigation involved a dispute over additional searches of electronically stored information using abbreviations and acronyms for previously agreed-upon search terms. Instead of turning the discovery dial up to 11, the Court pulled the plug on the additional search[…]
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