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Discovery Digest - Q3 2013

The Discovery Digest is the definitive source of discovery news. This quarterly e-newsletter is packed with information on discovery “hot topics,” recent case law, and upcoming events.

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Articles

Doing more with less in government agencies
How government agencies can conserve resources while addressing heavier caseloads, increasing demands for eDiscovery, and growing volumes of electronically stored information.
   
Managing and collecting social media for eDiscovery
Understanding the fundamentals of social networking services, the tools for managing, collecting and authenticating information they contain, and the way to scope collection efforts can help organizations avoid evidentiary and authentication pitfalls.
   
Remote forensic collections in the enterprise environment
The marketplace continues to globalize as more and more businesses operate in multiple states and different countries. Within this context, managing electronic discovery and, in particular, collecting custodial data in the enterprise environment can be a daunting task.
   
District court upholds use of multimodal assisted review in biomet case
For litigants worried that they must conduct a flawless eDiscovery review regardless of cost, the recent ruling in In Re: Biomet M2a Magnum Hip Implant Products Liability Litigation (MDL 2391) should offer some relief.
   
An empirical analysis of the training and feature set size in text categorization for eDiscovery
While sample size calculations based on confidence levels and confidence intervals are widely used in predictive coding to determine the size of a validation set, their use in determining the size of the training sample is somewhat questionable. In this paper, we argue that the number of documents in the training set has less to do with the total size of the document population and more to do with the complexity of the categorization problem at hand.

 

Case law updates

  • Hart v. Dillon Cos., 2013 U.S. Dist. LEXIS 95441 (D. Colo. July 9, 2013). Failure to collect audio recording was grossly negligent or willful behavior.  Spoliation proven by the plaintiff by showing concrete evidence instead of a “fertile imagination that access to the lost material would have produced evidence favorable to her cause.”
  • Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 2013 U.S. Dist. LEXIS 25022 (N.D. Ind. Feb. 25, 2013). Court orders production of entire business database.
  • Procongps, Inc. v. Skypatrol, LLC, 2013 U.S. Dist. LEXIS 47133 (N.D. Cal. Apr. 1, 2013). Most efficient solution to resolve issues regarding ESI is to engage in an in-person meet and confer.

News you can use

Events

Archived Webcast: Murphy's law and Electronic Discovery: What happens when it all goes wrong?

As used in this document, “Deloitte” means Deloitte LLP and its subsidiaries. Please see www.deloitte.com/us/about for a detailed description of the legal structure of Deloitte LLP and its subsidiaries. Certain services may not be available to attest clients under the rules and regulations of public accounting.

While the information in these articles may deal with legal issues, it does not constitute legal advice. If you have specific questions related to information discussed in these articles, you are encouraged to consult an attorney who can investigate the particular circumstances of your situation.

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