Inventus Blog

Inventus is a leading national discovery management practice, focused on reducing ligation costs through a suite of bundled, best-of-breed technologies. 

Not Just the Book, but Its Cover

Posted 03/15/17 4:10 PM by Quan Luc

Typically, the first question that comes up when your client receives a request for production is “what is the scope of the responsive documents to produce, in order to comply with the discovery request?” However, at least in one California court, not only does it matter what you provide in response to a discovery request but in what format you produce ESI.

In Morgan Hill Concerned Parents Assoc. v. California Dept. Educ., (E.D. Cal. Feb. 2, 2017), the California federal district court granted the Plaintiffs’ motion to compel production of documents in the native format with metadata, even though the Defendants had previously produced the material in an “industry standard load format.”

In the original requests for production, the Plaintiffs had specified that ESI be produced “in their native electronic format together with all metadata and other information associated with each document in its native electronic format.” However, when Defendants produced responsive documents, they choose to produce ESI in a “load file” format with accompanying metadata.

Plaintiffs then sought the reproduction of those same documents in the native file format, as requested in the original requests for production. The Defendants objected, on the grounds that they had produced the ESI in a “reasonably usable” format and they should not have to reproduce “just because one [production format] would allegedly ease a party’s review process.” In addition, the Defendants argued that “producing documents in their native format would infringe on the deliberative process, attorney-client, and attorney work product privileges.”

The Court ruled in favor of the Plaintiffs, relying substantially on Fed.R.Civ.P.34(b) and the Defendants’ failure to timely object to the request for native production or to propose an alternative format. The Court reasoned that it is within the purview of the requesting party to specify a production format for ESI, and the Court noted that the Defendants did not many any objections to the particular format for production, even though they made numerous objections in their original response to the requests for production. Moreover, the Court held that attorney-client privilege would not be waived with a proper privilege log.

In this matter, the Defendants had to reproduce all ESI in native format, with proper and timely privilege logs for any withheld documents.

So, at the end of the day, it is important not just to determine the scope of responsive documents, but to identify (and object to, in a timely manner) the requested production specifications. Consider the cover, as well as the book. And, if you have any questions about the production specifications or format, please do not hesitate to ask your ediscovery vendor.

How do Corporate Legal Departments Control Costs Associated with the Growing Amounts of Retained Data

Posted 03/9/17 8:32 PM by Matt Masterson

As corporate legal departments embark on 2017, the pressure to contain the costs associated with the avalanche of user-created data continues to grow. In-house lawyers have been asking the same question for many years ─ how do we control these costs? 

Alexa, can you keep a secret?

Posted 02/24/17 8:38 PM by Danny Lee

In a day and age where Internet of Things (IoT) devices, such as Amazon’s Echo, are integrated into every aspect of our lives, how much privacy can one expect and can it come back to bite you?

5 Most Famous Cases of Industrial Espionage

Posted 01/26/17 5:12 PM by Attar Mayam

 “Nothing but my curiosity could have prompted to such researches…minute description of all that concerns this kind of work might, somehow, be useful in Europe.”

—Words of Father Francois Xavier d’Entrecolles, as he concluded his account in which he revealed the trade secrets of the makers of Chinese Porcelain, which he acquired while working with the kilns and craftsmen of the industry.

Geeking Out: A Personal Journey to A Career in Technology

Posted 01/19/17 5:38 PM by Andrew Silberberg

In 1999, my father took me to Macworld in San Francisco. Being more of a sports enthusiast and less of the techie type, I reluctantly agreed to the five-hour drive north. Wouldn’t I be completely out of my element? My sports heroes certainly wouldn’t be there. Would other attendees, those who do love technology, be able to spot my outsider status?

Don't Be So Gullible McFly. . .

Posted 12/22/16 2:45 PM by Scott Robinson

So here we are 10+ years out from the initial 2006 amendments to the Federal Rules of Civil Procedure that were enacted to address discovery around ESI. Those ten plus years have been a wild ride wrought with slow adoption, ill-preparedness, and missteps by many, with a select few making the case law headlines.

The Millennial Impact on eDiscovery

Posted 11/30/16 7:10 PM by Trisha Anderson



According to the Census, there are over 83 million millennials in the US, making up over ¼ of the nation’s population. The growth of this demographic has made an inevitable impact on the number of millennials currently in the workforce. By the year 2020, millennials will account for 46% of the workforce. There have been many articles written about this sometimes misunderstood generation, how to communicate with them, what is important to them, and what they want to contribute to the world. While those details are important, this blog will focus is on how the millennial generation has, and will continue to impact the discovery landscape.

Technology and the People

Posted 11/22/16 2:36 PM by Will Patterson

In a world of ever changing and evolving technology, our daily lives are inundated with the latest and greatest of what is the fastest and most efficient. While on my last trip to San Francisco I paused for a moment and couldn’t help but notice all the technology being developed and used around me. People were talking about the newest iPhone, devices with voice recognition, and cars that drive and park themselves. 

Digital Responsibility

Posted 10/25/16 9:44 PM by Kyle Wachter

Inventus-Digital-Responsibility-v2.jpgThere is something rather peculiar that is going on in our industry that I find rather alarming: Many people are not taking responsible measures when handling data.  Firms and corporations are still handing over data haphazardly, people are using the same flash drives for both work and personal use, and client emails are still being loaded into Outlook for review. 

The Importance of Corporations Selecting Their eDiscovery Vendor for Matters Requiring ESI

Posted 10/10/16 3:00 PM by Jason Penrose

ESI.jpgCorporations ranging in size from start-ups to Fortune 500 companies still oftentimes defer to outside counsel to select their eDiscovery vendor when one is required for active litigation. Why, you may ask? That’s a great question and one that needs to be addressed, since there are drastically different selection criteria between a corporation and a law firm when choosing an ESI vendor.


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