EDD Update

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Making a Hash of It

One day, that sexy ingenue we call "e-discovery" will settle down to a matronly middle age of just being “discovery,” and the phalanx of bloggers dissecting every trial judge’s best guess about electronic evidence will settle down, too.

Until then, I’m grateful to the blogging multitudes who open their diaries to the web and tap-tap-tap away, insuring that we miss absolutely nothing.

One of my favorite blogs is Ralph Losey’s “e-Discovery Team.”  Ralph writes artfully, passionately and with good humor about EDD topics.  A thorough exploration of his site’s many byways is a virtual e-discovery certification course.  The posts are personal enough in tone to know where Ralph stands, but never offputting. Even on those infrequent occasions when I question his conclusions, Ralph’s sincerity and reflection are never in doubt.

It’s one of those rare disagreements that prompts this post. 

Orion Communications Releases Virtual Viewer

Orion Communications Inc. has introduced Virtual Viewer. It helps users  retrieve data stored from any number of databases, systems and technology platforms.  Go here for more info. 

Fed. law allows plaintiff to amend complaint to assert spoliation clause

Ed Schmidt Pontiac-GMC Truck, Inc. v. DaimlerChrysler Motors Co., LLC, 2008 WL 668267 (N.D. Ohio Mar. 11, 2008)

In this case, an automobile dealer brought suit alleging that DaimlerChrysler had breached a settlement agreement when it refused to grant the dealer a Chrysler franchise.  During the two years of discovery that followed, Schmidt alleged that DaimlerChrysler knowingly and intentionally destroyed relevant evidence.  Specifically, Schmidt alleged that DaimlerChrysler failed to implement a litigation hold to prevent the destruction of evidence after the complaint was filed in October 2004, and replaced or altered certain employees' hard drives days before Schmidt made forensic images of the drives as part of its discovery process.  Further, Schmidt alleged that DaimlerChrysler attempted to hide the extent and significance of its misconduct.  As a result, Schmidt sought to add a spoliation of evidence claim to the litigation.

Read the entire post at ediscoverylaw.com.

ABA Hosts E-Discovery Teleconference

The ABA's Section of Litigation will be hosting a Litigation Series CLE Teleconference, "Electronic Discovery: Protecting Sensitive Data and Using it as Proof," on Tuesday, April 8. More info here.   

Altep Inc. Releases Inspicio 1.5

Altep Inc. has released Inspicio version 1.5, an update of its document review platform.  New features include enhanced search capabilities and streamlined data loading. Press release here.

Dodging an EDD Sanction

While the courts are becoming more familiar with the legal and technical issues arising from electronic discovery, there is still no shortage of perplexing "e-issues" confronting judges. In <i>Toussie v. County of Suffolk</i> in the Eastern District of New York, a defendant dodged substantive sanctions for losing and/or destroying  e-mails requested in discovery because the parties requesting the e-mails failed to marshal satisfactory evidence that the missing e-mails would have been supportive of their case.

District court modifies magistrate judge's order to allow for pre-production privilege review

Bro-Tech Corp. v. Thermax, Inc., 2008 WL 724627 (E.D. Pa. Mar. 17, 2008)

In this case involving claims of misappropriation of trade secrets, defendants objected to an order of a magistrate judge requiring them to disclose "forensically sound" images of certain data storage devices (Thermax's India and Michigan servers) to plaintiffs' counsel without any limitation as to the scope of the disclosure or prior filtering for privileged or work-product materials that the images might hold.  The production was required to permit a determination of whether defendants had violated an earlier stipulation and order that had imposed an ongoing obligation on defendants to return to plaintiffs any of plaintiffs’ files in their possession, and then to purge such files from their possession, custody and/or control.

Read the rest of the post on ediscoverylaw.com.

White Paper: Merrill - 7 Ways to Test Your Vendor

Merrill has released a white paper: Seven Ways to Test Your EDD Vendor.  

ARMA: E-Discovery & Beyond

Rick Wolf, of Lexakos, alerts us to an upcoming ARMA International program, "E-Discovery & Beyond: Manage your Electronic Data Risk," which takes place in NYC at the Marriott Marquis on March 31-April 1.
Agenda here.

Clearing Out the In-Box

Some old news that got buried in my in-box:

* Rick Wolf of Lexakos posts on While Legal Hold Management is an Important Internal Control, on The Datakos Blog, here.

* Jonathan Maas of DLA Piper UK reports that UK judges are now getting training in edisclosure/ ediscovery and their long-awaited use of LiST work product.  An independent consultant, Chris Dale ... is leading the charge (and I have had a small part in it) and has a web site and blog full of stuff relevant to what is going on (and technology in law generally)."

* Chris Kruse, of CaseCentral, reports that the company has brought on Tom Thimot as CEO. "Tom is the perfect choice to help lead CaseCentral through our next phase of growth. He brings a wealth of experience and an incredible portfolio of success at both public and private technology companies.