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Symantec eDiscovery Blog
Showing posts tagged with litigation discovery
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Matthew Nelson | 30 Oct 2013 | 0 comments

Readers may recall last year’s expensive battle over the use of predictive coding technology in the 7th Circuit’s Kleen Products case. Although the battle was temporarily resolved in Defendants’ favor (they were not required to redo their production using predictive coding or other “Content Based Advanced Analytics” software), a new eDiscovery battle has surfaced this year between Plaintiffs and a non-party, The Levin Group (“TLG”).

In Kleen, Plaintiffs allege anticompetitive and collusive conduct by a...

pfavro | 09 Jul 2013 | 1 comment

You have probably heard the news. Changes are in the works for the Federal Rules of Civil Procedure that govern the discovery process. Approved for public comment last month by the Standing Committee on Rules of Practice and Procedure, the proposed amendments are generally designed to streamline discovery, encourage cooperative advocacy among litigants and eliminate gamesmanship. The amendments also try to tackle the continuing problems associated with the preservation of electronically stored information (ESI). As a result, a...

pfavro | 29 May 2013 | 0 comments

The news surrounding the eDiscovery industry is trending positive for organizations. Instances where companies have been sanctioned for alleged failures to preserve or produce electronically stored information (ESI) seem to be dropping. This is confirmed by various court opinions from 2012, together with reports from key industry players. In addition, the Civil Rules Advisory Committee is close to releasing for public comment draft amendments to Federal Rule of...

pfavro | 20 May 2013 | 0 comments

The world of eDiscovery appears to be revolving around a trifecta of issues that are important to both clients and counsel. A discovery-focused conversation with litigants and lawyers in 2013 will almost invariably turn to some combination of this eDiscovery trinity: Spoliation sanctions, keyword searches and predictive coding. This should not come as a surprise since all three of these issues can have a strong impact on the cost, duration and disposition of a lawsuit. Indeed, the near universal desire among parties to minimize discovery costs and thereby further the resolution of cases on the merits has driven the Civil Rules Advisory Committee to...

pfavro | 10 May 2013 | 0 comments

Apple obtained a narrow discovery victory yesterday in its long running legal battle against fellow technology titan Samsung. In Apple Inc. v. Samsung Electronics Co. Ltd, the court ordered non-party Google to turn over the search terms and custodians that it used to produce documents in response to an Apple subpoena.

According to the court’s order, Apple argued for the production of Google’s search terms and custodians in order “to know how Google created the universe from which it produced documents.” The court noted that Apple sought such information “to evaluate the adequacy of Google’s search, and if it finds that search...

pfavro | 06 Feb 2013 | 3 comments

You have heard this one before. Changes to the Federal Rules are in the works that could alleviate the eDiscovery burdens of organizations. Greeting this news with skepticism would probably be justified. After all, many feel that the last set of amendments failed to meet the hype of streamlining the discovery process to make litigation costs more reasonable. Others, while not declaring the revised...

pfavro | 03 Jan 2013 | 0 comments

The acknowledged power of Continental Europe is Germany. Its steady economy and stable politics offer foreign companies an inviting prospect for investment. And yet, as organizations explore and begin developing business opportunities in Germany, they often become entangled in a web of unfamiliar legal issues. These issues, particularly eDiscovery and data protection laws, can be a costly and time consuming trap for unsuspecting companies. To avoid becoming ensnared by legal minutiae, attorney fees and lost opportunities, companies should consider gaining at least...

pfavro | 14 Dec 2012 | 3 comments

With the New Year quickly approaching, it is worth reflecting on some of the key eDiscovery developments that have occurred during 2012. While legislative, regulatory and rulemaking bodies have undoubtedly impacted eDiscovery, the judiciary has once again played the most dramatic role.  There are several lessons from the top 2012 court cases that, if followed, will likely help organizations reduce the costs and risks associated with eDiscovery. These cases also spotlight the expectations that courts will likely have for organizations in 2013 and beyond.

Implementing a Defensible Deletion Strategy

Case: ...

pfavro | 19 Nov 2012 | 0 comments

The reviews are in and movie critics are universally acclaiming Lincoln, the most recent Hollywood rendition regarding the sixteenth president of the United States. While viewers may or may not enjoy the movie, the focus on Abraham Lincoln brings to mind a rather key insight for organizations seeking to strengthen their defensible deletion process.

Lincoln has long been admired for...

pfavro | 08 Nov 2012 | 2 comments

In what might be characterized as the most anticipated ruling in the eDiscovery world over the past several months, the district court in Da Silva Moore v. Publicis Groupe today denied the plaintiffs’ motion to recuse the Honorable Andrew Peck as the assigned magistrate to that action. In rejecting the plaintiffs’ recusal request, United States District Court Judge Andrew Carter held that “Judge Peck’s decision accepting computer-assisted review, reached upon consideration of the applicable law, was not influenced by bias, nor did it create any appearance of bias...