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December 19, 2008

Top Five e-Discovery Cases of 2008

Letterman.Losey.Kroll.Top.5 Ralph here, feeling very Letterman-like. I recently came up with my top five cases of 2008. I usually have the decency to wait until the year is over before I perform a postmortem, but Kroll Ontrack's own top 5 list came out last week, and I found myself disagreeing publicly with most of their choices. I thus painted myself into a corner and the only way out was to choose my own top five. I may come back to this risky ranking business later on and expand to the top 10 in true Letterman fashion, but for now here are my TOP FIVE CASES FOR 2008!

  1. Qualcomm, Inc. v. Broadcom Corp., 2008 WL 66932 (S.D. Cal. Jan. 7, 2008).
  2. Mancia v. Mayflower Textile Services Co., Civ. No. 1:08-CV-00273-CCB (D. Md. October 15, 2008). 
  3. Victor Stanley, Inc. v. Creative Pipe, Inc., 2008 WL 2221841 (D. Md. May 29, 2008). 
  4. United States v. O’Keefe, 2008 WL 449729 (D.D.C. Feb. 18, 2008).
  5. Keithley v. Homestore.com, Inc., 2008 WL 3833384 (N.D.Cal. Aug. 12, 2008). 

Keithley was, by the way, Kroll's number one pick. If you want to see my reasoning on all the picks, and why I disagree with Kroll, check out my article on this:  Kroll’s Report and Analysis of the Most Significant e-Discovery Cases in 2008. For me it is a short blog, under 2,500 words. It includes the other aspect of Kroll's new report, one that I agree with, namely an analysis of 138 opinions from 2008 on e-discovery. Kroll's conclusion: sanctions are being imposed, and a lot of costs are being unnecessarily incurred, by ineptly conducted e-discovery. Their solution (oops, sorry Moncia, I said the "S" word) is to bring in the professionals. I suppose you can guess which ones.

Happy Holidays!

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Comments

Craig Ball

Your analysis is unassailable, but putting your eyes and nose on Letterman was kinda creepy. It remded me of some of my facial burn clients after skin grafting. That said, your efforts to pump up the visuals are warmly appreciated.

Ralph Losey

The funny thing is, I showed the picture to my wife of 35 years. She noticed my eyes and glasses were "grafted" onto Letterman's face, but did not recognize that that was my nose! So good for you for noticing, even if you do think Letterlosey is creepy.

Erika

Rats - and here I was hoping you'd have a list of the top cases against Disco. So disappointed! :-)

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