CloudNine
In Shaffer v. Gaither, North Carolina District Judge Max O. Cogburn, Jr. ruled that the sanction of dismissal requested by the defendant for the plaintiff’s lost text messages was disproportionate and denied the defendant’s Motion for Sanctions.
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How do you like them apples? After they were the subject of much scrutiny five years ago regarding their attempt to trademark “predictive coding” (only to eventually abandon it), Recommind (now OpenText after they were acquired) is now challenging the trademark of “continuous active learning” and its acronym, “CAL”.
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Today’s thought leader is Mary Mack. Mary is ACEDS’ executive director and an eDiscovery pioneer. She is known for her skills in relationship and community building as well as for the depth of her eDiscovery knowledge. Mary is the author of A Process of Illumination: The Practical Guide to Electronic Discovery, considered by many to be the first popular book on eDiscovery. She is the co-editor of the Thomson Reuters West treatise, eDiscovery for Corporate Counsel.
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When it comes to effective records management of your organization’s data, many people think that the data has to be moved to a centralized location, such as a server or other file share, to be managed effectively. But, you can also effectively manage that data where it resides with an In-Place Records Management solution.
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When providing searching assistance to my clients and reviewing their proposed list of search terms, one of the considerations I use for evaluating those terms is whether they contain any potential “noise” words that might affect their search results. Noise words (also known as stop words) are words – such as “to”, “or”, “not”, etc. – which are so common that they are not considered useful in searches.
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OK, I may have taken a couple of shots at Florida last Thursday over their ballot issues in elections over the years. However, Florida deserves credit in being the first state to require technology CLE for lawyers.
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In Portland Pipe Line Corp. et. al. v. City of South Portland et. al., Maine Magistrate Judge John H. Rich, III denied the defendants’ motion to compel the production of documents withheld or redacted on claims of attorney-client privilege by the plaintiff, finding that the plaintiffs “undertook a costly and labor-intensive two-step process with respect to claiming privilege as to ESI, first relying on a technologically-assisted privilege review by a hired ESI discovery vendor” and then undertaking a “painstaking manual review to verify the privileged status of every ESI document marked as privileged”.
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Back in May, I was excited and honored to moderate an enjoyable panel session in Chicago at The Masters Conference event there. Then, we did it again in July in New York City. Now, we’re doing it again later this month, this time in our nation’s capital, Washington DC!
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In Trude et. al. v. Glenwood State Bank, et. al., a Minnesota Appeals Court affirmed the trial court’s entry of default judgment for repeated discovery violations, including using data wiping software to permanently delete more than 20,000 files from a laptop just hours before it was turned over for forensic examination.
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Remember the 2000 Presidential election and all of the issues and headaches that resulted from punch card “butterfly” ballots and “hanging chads” down in Florida? These days, electronic ballots are more popular. However, using those electronic ballots doesn’t solve all problems and, if there are disputes, there may be a need for eDiscovery professionals to sort out the results.
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