Inside an E-Discovery Debacle

Posted by Irene Plagianos

Earlier this year, when a federal magistrate judge exonerated six of Qualcomm Corporation’s outside lawyers from sanctions that could have derailed their careers–it was big news.  But exactly what went wrong in the egregious e-discovery failure in the Qualcomm-Broadcom patent fight? In The American Lawyer’s Litigation 2010′s cover story, contributing writer Joseph Rosenbloom takes a long hard look at a case that should be a cautionary tale for all litigators.

According to magistrate judge Barbara Major’s April order, there’s plenty of blame to go around. Major rapped the six Qualcomm lawyers–five from Day Casebeer Madrid & Batchelder and one from Heller Ehrman–for “significant mistakes, oversights, and miscommunication.” A couple of young Day Casebeer lawyers decided to stop their search for relevant e-mails without checking the individual computers of Qualcomm employees, and no one questioned their decision. Only after trial did 200,000 pages of unsuspected e-mail evidence turn up. (more…)

Ruling Proves to Be Primer on eDiscovery Enforcement

Judge Paul Grimm’s recent opinion both a road map and commentary on spoliation, sanctions

Leonard Deutchman

The Legal Intelligencer

October 12, 2010

A federal judge’s most recent opinion in an ongoing matter provides remarkable insight into several issues that arise frequently in e-discovery.

Magistrate Judge Paul Grimm’s lengthy opinion in Victor Stanley Inc. v. Creative Pipe Inc., filed Sept. 9, is worth the read if only for its review and distillation of the case law regarding spoliation and remedies. But the opinion is newsworthy because it sets out a harsh remedy for the defendant whom he found had destroyed evidence, lied to the court and dragged out proceedings — civil contempt, with the defendant facing severe costs and fines or a two-year prison sentence if he fails to pay that fine.

The court’s focus upon and analysis of the costs — in time, money, effort, and expertise — of spoliation and dilatory tactics to the justice system is both spot on and timely. The lessons drawn from the reality underlying the court’s analysis, however, are discouraging. (more…)

 RVM, Inc. (RVM), a provider of legal technology consulting, data forensics and litigation support services, today announced its adoption of Equivio’s technology for grouping of near-duplicates and email threads. By eliminating data redundancy, the Equivio solution enables RVM to streamline its electronic discovery services.

 RVM has integrated Equivio’s software for detection and grouping of near-duplicate documents and email threads into its proprietary Revelation™ litigation support and data processing platform. RVM intends to use Equivio technology as a standard component of its electronic discovery workflow. (more…)

RVM is Now a Relativity Certified Reseller

New York, NY- October 15, 2010- RVM is now an authorized reseller of Relativity, a web-based, electronic discovery software solution for the review, analysis, production, and management of electronically stored information (ESI) and paper-based data.

Developed by kCura, the e-discovery platform can be installed behind the client’s firewall.  RVM’s hosting team, which includes three Relativity Certified Administrators, is available for end user support. Whether you are a power user or new to Relativity, RVM’s hosting support team is available to guide your case team through the review process.  RVM also provides a managed service offering, in which RVM will host the client’s license in RVM’s state-of-the-art data center and manage the associated technical infrastructure and storage. (more…)

Not all cases are alike. Not all clients are alike. RVM has prepared for this challenge by implementing a knowledgeable support team dedicated to learning each client’s needs and creating a powerful synergy with RVM and the case team.

RVM introduces Talia Page, Esq., RVM’s newest hosting analyst and trainer. Ms. Page joins RVM after years of experience as an attorney from top AmLaw law firms and Fortune 500 companies. Her responsibilities include onsite demonstrations and training of RVM’s hosting solutions, problem resolutions, and to serve as a liaison between RVM’s project management team and the case team. As an attorney, she understands the case team’s needs to meet tight deadlines, manage and review complex data, and to strategize creatively and effectively to overcome unexpected hurdles. As a hosting analyst, Ms. Page will specifically focus on ensuring quality onsite customer support and improving the client’s online review experience.

RVM is taking the initiative to foster client relationships with consistency and accuracy, having a better pulse on client needs and case patterns. In the age of technology as the main medium to interact with clients, customer support has become cold and reactive. RVM works to establish a meaningful proactive rapport with the client. This means frequent communication, extensive product knowledge, and dedication to client success.

RVM has worked diligently to stick out from the mass of vendors with the RVM differential- the expertise and customer services provided by RVM’s seasoned professionals. Recently, RVM was recognized as a Relativity Best in Service Partner and now has four certified Relativity Administrators and one certified Relativity sales professional on staff.

 RVM continues to expand its service coverage in Chicago with two new hires. RVM welcomes Michael Gantz and Sam Joseph to the Chicago team. Michael will serve as the company’s Midwest region business development executive. He has 8 years of sales experience in the Chicago market, fostering relationships with AM 100 law firms.

Before entering business development, Michael worked at the operations manager capacity at top AmLaw firms in Chicago.  

 Sam Joseph joins RVM as an eDiscovery consultant with 6 years of project management, database review and design consulting experience. He will be responsible for eDiscovery consulting and supporting RVM’s Chicago clients. Sam is proficient in various litigation support software and is also a Relativity Certified Administrator and certified in Clearwell.  Sam holds a Masters Degree in Information Systems & Computer Science from Elmhurst College and is a JD Candidate at the John Marshall Law School, in Chicago, IL.

 Today, RVM announces that it has achieved US-EU Safe Harbor certification status from the US Department of Commerce The Safe Harbor certification demonstrates RVM’s effort and ability to deal with European data in the appropriate manner as outlined by the EU.

Safe Harbor Certification is particularly important to RVM’s clients who engage RVM for data collection, electronic data processing, and online hosting services. RVM is now automatically approved for trans-border data transfers.

RVM’s published data privacy policy complies with the seven Safe Harbor principles: notes, choice, transfers to third parties, access, security, data integrity, and enforcement.

“RVM has grown tremendously over the past year. Obtaining more and more certifications to demonstrate RVM’s commitment to quality service and ability to manage complex (international) data types was naturally the next move. And now our clients can work with RVM and their European data smoothly, without worrying about data privacy,” say RVM’s CEO, Vincent Brunetti.

To learn more about RVM’s Safe Harbor Privacy Policy, visit http://www.rvminc.com/home/safe-harbor-privacy-policy/.

About Safe Harbor Certification

To learn more about the US-EU Safe Harbor Certification, please visit http://www.export.gov/safeharbor/index.asp

RVM Relativity Breakfast Seminars

Back by popular demand, RVM will be hosting another Relativity Breakfast seminar in October in Chicago and New York.

The Chicago seminar will be held on  Thursday, October 28, 2010 at the W Hotel (172 West Adams Street).

The New York seminar will be held on Wednesday, October 20, 2010 at the W Hotel (541 Lexington Avenue).

RVM will be conducting a poll to determine the hot topics in Relativity: RVM Relativity Poll

RVM’s hosting team will lead the discussion based on the audience’s choice. A member of the kCura team will also join the seminar.

Please join RVM for this informative CLE-approved seminar on Relativity and how to improve your online review strategies.

We hope to see you in Chicago or in New York.