Our Plaintiff eDiscovery Experts Highlight Notable Case Law
As our website continues to highlight the latest plaintiff eDiscovery cases and topics, certain trends emerge that are exceptionally notable for practitioners. Please review with us some of the electronic discovery blog highlights from 2013!
Bar is Raised for eDiscovery Attorney Competence
With the significance of electronic information permeating litigation, both the judiciary and state bar associations continue to expand technical expectations for attorneys. Not only must lawyers be able to understand the types of electronic data available in discovery, they also must be capable of advising clients competently when managing potentially relevant electronic information. Attorneys can no longer plead technological ignorance and stay in the good graces of the courts.
Plaintiff Attorneys Need to Maintain Technology Competence
Attorney Sanctions When Instructions to Client Include Removal of Incriminating Electronic Data
Collaboration Between Attorneys Common And Not Unlawful Practice Of Law
Federal Circuit Reviews Costs for Electronic Discovery Services
Spoliation of Electronic Evidence Case Trends
Spoliation of electronic data and resulting sanctions remain a key source of opinions in 2013. Courts have little patience for parties and counsel who attempt to hide or destroy relevant electronic data resources, whether from traditional email accounts, computer hard drives or social media. ESI parameters should be routinely set during Fed.R.Civ.Pro. 26(f) meetings, where parties are expected to work together and agree on the type of metadata and file formats for production. When plaintiffs’ counsel documents spoliation of relevant discovery evidence, the courts are assessing sanctions with greater regularity.
Spoliation Sanctions for ESI Negligence
Timely Litigation Holds and ESI Requests Lead to Defendant Sanctions When Data Is Lost
Court Recognizes Duty to Preserve Evidence Once Litigation Is Reasonably Foreseeable
Sanctions Withheld For One Last Chance To Produce
A Review of eDiscovery Trends in the First Half Of 2013
General ESI Production Case Trends
In addition to spoliation, general ESI production opinions are focusing on the parameters of electronic discovery. Arguments over access to particular forms of electronic information are common, especially in regards to social media, and parties often fight over production costs.
No Presumption for Social Media Access in ESI Production
Underlying Raw Data Must Be Disclosed In Studies
Cost-Shifting Expenses Not Reasonable If Data Is In An Accessible Format
International Data Collection Is Not Overly Burdensome When Not Duplicative
When Social Media Is Relevant, Account Access Is Required By Court
Electronic Discovery Experts Exclusively Supporting the Plaintiffs’ Bar
For the latest up-to-date case law about electronically stored information that affects trial attorneys and the clients they serve, be sure to visit and bookmark our plaintiffs’ blog.
Contact our team of like-minded experts to learn more about our plaintiff electronic discovery services, including but not limited to expert computer forensics, eDiscovery software, issue coding, document review and international language services.