Extract from Julia Helmer’s article “This Week in eDiscovery: Balancing Sufficient Discovery Against Over-Collection | AI-Generated Evidence”
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of November 3-9. Here’s what’s happening.
Case Highlights Challenges of Document Collection
According to a social media post and press release, a jury in Texas has found that an eDiscovery provider violated Texas Penal Code provisions regarding “harmful access of a computer.” A Facebook post from law firm Miller Copeland LLP and press release from public relations firm Androvett, summarizes that the jury in Tarrant County also awarded $50,000 in damages to plaintiff Angelyn Olson, who was represented by Miller Copeland. Neither the press release nor the social media post linked to the verdict form or other documents in the case.
The press release stated the provider was given access to Olson’s email for search according to a limited number of search terms. Instead, the company was accused of downloading a decade worth of Olson’s emails and later destroying them so that the chain of custody could not be tracked.
