Blankenship v. Fox News Network, LLC, Civil Action No. 2:19-cv-00236, at *2 (S.D.W. Va. June 14, 2021) serves as a lesson in how not to conduct discovery. In this matter, there were multiple defendants: one of which demanded Plaintiff produce ESI in TIFF image format with load files; and others of whom demanded the
metadata
Forensic Examination of Computers in Discovery Requires Showing of Improper Conduct or Good Cause
“Forensic examinations of computers and cell phones are generally considered a drastic discovery measure” because they are intrusive in nature. Stewart v First Transit Inc., Civ No. 18-3768, (ED PA Sept 3, 2019). Indeed, the inspecting or testing of electronic information systems implicate issues of confidentiality and privacy (see, e.g., Rule 34(a) Advisory Committee…
What is Document Processing? And What Factors Should You Consider When Processing Documents?
While document collection, analytics, and review are crucial—and much discussed—phases of e-Discovery, document processing is similarly important and can have lasting consequences for any review of electronic data. Document processing consists of taking the raw data collected from its source and transforming that into a readable format that can be used and manipulated by attorneys.…