Knotty Issues of eDiscovery
Here is the big lesson from the latest Biomet opinion over predictive coding: The Steering Committee wants the whole seed set Biomet used for the algorithm’s initial training. That request reaches well beyond the scope of any permissible discovery by seeking irrelevant or privileged documents used to tell the algorithm[…]
Read moreMagistrate Judge William Hussmann put a new spin on form of production analysis in Crissen v. Gupta: What form was discovery in and when was it in that form? The Plaintiff brought a motion for the production of Word documents in native file format. The Producing Party had produced the[…]
Read moreJessica Mederson and I are thrilled the editors of ABA Journal selected The Legal Geeks as one of the top 100 best blogs for a legal audience. We would appreciate your vote for us in the ABA Journal Blawg 100 “For Fun” category! Jessica Mederson and I started The Legal Geeks in[…]
Read moreThere is a strong trend in case law for 2013: Judges understand the form of production. Magistrate Judge Donna Martinez brought home this point in Saliga v. Chemtura Corp. The Plaintiff requested ESI in native file format. The Defendant objected. However, the objection was not based on undue burden or proportionality,[…]
Read moreThe form of production is a lot like ordering a pizza: say what you want. Thin crust, sauce, topping. All are things you can order. Requesting electronically stored information is exactly the same. You can request native files and types of metadata just like you are ordering a pizza. You[…]
Read moreThe 6th Paraben Computer Forensic Conference was held in Snowbird, Utah November 13-15, 2013. I love PFIC because it is a content driven show. Amber Schroader, CEO of Paraben Corporation, kicked off the lecture track of the conference by addressing computer forensics in mobile devices and BYOD. The next generation[…]
Read moreJudge William Orrick summed up a basic truth of eDiscovery: In the age of electronically-stored information (“ESI”), production of all relevant, not privileged and reasonably accessible documents in a company’s custody and control is easier said than done. Banas v. Volcano Corp., 2013 U.S. Dist. LEXIS 144139, at *5 (N.D. Cal. Oct.[…]
Read moreIn a case where the Court called the Defendants’ disclosures troubling, the Plaintiffs sought sanctions for the failure to back-up hard drives or issue a litigation hold. There was one big problem with the Plaintiffs’ argument: they did not prove that the Defendant had a duty to preserve the email when[…]
Read moreI want to thank all of my readers who have enjoyed my blog over the years. I hope you enjoy my 400th post on eDiscovery. I have seen amazing things in my 12 years as an attorney. I have traveled across all of North America; I have met amazing lawyers;[…]
Read moreDiapers. Perhaps the most effective tool for encouraging family planning. Now a messy diaper shipment case delivers a message on the importance of issuing a litigation hold. A Defendant brought a sanctions motion against a Plaintiff for their alleged failure to preserve evidence in a case over $3 million worth[…]
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