Electronic Discovery Blog

Recent Posts from Electronic Discovery Blog

• Court hints that it will require re-production of data in native format where paper production is not reasonably usable

  Covad Communications Co. v. Revonet, Inc., 2009 U.S. Dist. LEXIS 75325 (D.D.C. Aug. 25, 2009) Plaintiff requestor filed a motion to compel compliance with the court’s previous order compelling production. Requestor argued that producer had…

• Adverse inference sanctions granted for spoliation of data on BlackBerries despite their synchronization with company email server

  Southeastern Mechanical Services, Inc. v. Brody, 2009 U.S. Dist. LEXIS 85430 (M.D. Fla. Aug. 31, 2009) Defendant producers first bought BlackBerries around May 28, 2008 (except for defendant Brody, who elected to use his personal…

• Why EMC Bought Kazeon

  EMC has been a powerhouse in the information governance world, with its Documentum solution being one of the early answers to the challenge of data archiving. With the acquisition of Kazeon Systems, EMC takes a…

• Motion to compel granted where producer fails to make any effort to reduce cost estimates

  Spieker v. Quest Cherokee, LLC, 2009 U.S. Dist. LEXIS 62073 (D. Kan. Jul. 21, 2009) Requestors’ initial document request for ESI had been originally denied without prejudice because the estimated cost had ranged form $82,000…

• Deidre Paknad of PSS Systems on the next frontier in the litigation hold process

  PSS Systems is a pioneer in the development of litigation hold solutions, having introduced the Atlas Solution Suite over two years prior to the adoption of the electronic discovery amendments to the Federal Rules of…

• Digital Reef attacks the growing volume of data in e-discovery

  The data universe continues to get larger. Law firms face greater challenges in figuring out how to sort out ever increasing volumes of electronic documents. I had a chance to speak with Steve Akers, founder…

• Bad faith electronic discovery violations result in dismissal of producers’ summary judgment motion

  Arista Records, LLC v. Usenet.com, Inc., 2009 U.S. Dist. LEXIS 55237 (S.D.N.Y. Jun. 30, 2009) In a previous opinion, the court granted an adverse inference as a result of defendant producers’ spoliation of electronic evidence.…

• Dan Regard on project management in electronic discovery

  Dan Regard is an e-discovery veteran with over 20 years of experience in consulting to legal and corporate entities. After stints at Deloitte, FTI Consulting and LECG, he and Neal Lawson co-founded Arlington-based Intelligent Discovery…

• Although documents must be produced in native format, all metadata need not be produced

  Dahl v. Bain Capital Partners, LLC, 2009 U.S. Dist. LEXIS 52551 (D. Mass. Jun. 22, 2009) The court denied producers’ request to shift discovery costs to requestor. Producers failed to identify inaccessible documents or why…

• Producer’s index satisfies court that documents were produced as kept in the ordinary course of business

  Valeo Electrical Systems, Inc. v. Cleveland Die & Mfg. Co., 2009 U.S. Dist. LEXIS 51421 (E.D. Mich. Jun. 17, 2009) In response to defendant requestor’s discovery requests, plaintiff producer produced over 270,000 pages of documents…