Electronic Discovery Updates

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
News & Analysis as of

Heartbleed Won’t Bring Cardiac Arrest for Ediscovery

How do you stop a security professional’s heart from beating? Two words: security breach. In today’s “Internet of Everything” environment, the impact of a security breach can be felt around the world and back again…in a...more

Florida Court Says, “No Phishing Expeditions Allowed on a Plaintiff’s Facebook Page”

While it is true that social media has become one of the main sources for discovery in personal injury litigation, the basic tenants of discovery that apply to the standard document requests, also apply to this new...more

Socially Aware - Volume 5, Issue 2 - April 2014

In This Issue: - Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations - Driving Under the Influence (of Google Glass) - U.S. Courts’ Evolving Approaches to...more

“Are You Being Served?” If So, Your ESI Must Be Preserved!

Unlike the classic British sitcom "Are You Being Served?", as any business owner who has been on the receiving end of a threat of litigation or was served with a complaint can attest, there is nothing remotely amusing about...more

Three Good Reasons Why Even the Most Cutthroat Lawyers Should Want to Cooperate

Venturing down memory lane to when I was a first year law student with a thirst for knowledge, I’m reminded of the proverbial “Aha!” moment that struck me when all the information I’d been learning about distinct areas of law...more

Is There a De Facto Moratorium on Well Stimulation in California?

SB 4 did not place a moratorium on the use of hydraulic fracturing or other well stimulation treatments. SB 4 specifically states that so long as an operator complies with the notification and documentation requirements...more

Role of the E-discovery Liaison

With today’s prevalence of electronic documents, e-discovery is easily the largest single line item in any company’s litigation budget. It can often consume more than half the allotted funds and even exceed the actual dollar...more

Business Litigation Alert: "Did They Really Say That?"

E-Mails Continue to Be the Modern "Smoking Gun" - The recent financial-collapse and bankruptcy of former mega-law firm Dewey & LeBoeuf has captivated the attention of the legal industry, but are there lessons to be...more

Social Media — The Possibilities Are Endless!

Facebook. Instagram. YouTube. Twitter. LinkedIn. SnapChat. Flickr. Google+. Tumblr. WeChat. MySpace. WhatsApp. Reddit. The list of social media and networking sites goes on and on. It’s fairly common knowledge...more

Spoliation Instruction But No Terminating Sanctions in Coding Trade Secrets Case

The United States District Court for the Southern District of Texas declined to impose litigation ending discovery sanctions for several claims of spoliation, but does plan to issue a spoliation instruction in Quantlab...more

U.S. Courts’ Evolving Approaches to Social Media E-Discovery

Courts across the United States have now made clear that discovery of social media is fair game. At the same time, courts have consistently found that litigants will not be permitted to engage in social media fishing...more

Court Denies Sanctions Without Evidence of Timing of Destruction (Illinois)

Sokn v. Fieldcrest Cmty. School Dist. No. 8, 2014 WL 201534 (C.D. Ill. Jan. 17, 2014). In this discrimination lawsuit, the plaintiff was the only female principal in the defendants’ school district. The plaintiff...more

Defendant Fails to Meet Safe Harbor Standards with Deletion of Metadata (California)

Gardner v. Cafepress, Inc., 2014 WL 794216 (S.D. Cal. Feb. 26, 2014). In this copyright case, the plaintiff alleged that the defendant infringed on the plaintiff’s copyrights to an image and sought the seizure and/or...more

Court Orders Limited Discovery in the Form of a Random Sample (New Jersey)

McPherson v. Canon Bus. Solutions, Inc., 2014 WL 654573 (D.N.J. Feb. 20, 2014). In this putative class action case, the plaintiff alleged violations of the Fair Credit Reporting Act in the defendant’s hiring practices....more

Court Imposes Sanctions for Manipulation of Metadata ( Texas)

T & E Inv. v. Faulkner, 2014 WL 550596 (N.D. Tex. Feb. 12, 2014). In this case, the plaintiffs sought sanctions for the defendant allegedly manipulating metadata to try to conceal the use of an unproduced computer. The...more

Bitcoin: A Tale of Digital Trails

Once thought of as an anonymous method of buying and selling goods and services, Bitcoin users and researchers are increasingly aware of the inherent limits of anonymity in the context of Bitcoin use. Similar to any other...more

E-Discovery Under the Minnesota Rules: Where We've Been, Where We Might Be Headed

This article reviews the history of discovery in Minnesota practice under the Minnesota Rules of Civil Procedure, analyzes the place of electronic discovery in Minnesota today, and attempts to predict how the courts may deal...more

Court Endorses Use of Predictive Coding (New York)

Fed. Hous. Fin. Agency v. HSBC, 2014 WL 584300 (S.D.N.Y. Feb. 14, 2014). In this housing case, the plaintiff, which regulates Fannie Mae and Freddie Mac, sued 18 banks, over misrepresenting the quality of mortgage...more

EDRM Releases A New Model For Analyzing Private Data

Recent high-profile data breaches have placed security of personally identifiable information (PII) at the forefront of many organizations’ concerns. Protecting PII and other private data can be a significant undertaking....more

Access to Cellular Phone Records by Defense Counsel

In many criminal cases, cellular telephone records are an invaluable resource. These records may shed light on whether an alleged victim or witness communicated with someone of importance in a case, and when. There are...more

Dear Mr. Snowden: Is it reasonable to expect my attorney-client communications are confidential?

Last month, Edward Snowden provided the press a document describing “how Australian intelligence conducted surveillance of trade talks between Indonesia and the United States and, in the process, monitored communications...more

Federal Court Ruling Raises Questions About Privileged Nature Of Certain Internal Investigations

On March 6, 2013, the United States District Court for the District of Columbia ruled that Kellogg Brown & Root Services, Inc. (“KBR”) must produce to a qui tam relator 89 documents relating to internal investigations...more

To Native or Not to Native, That Is the Question

Here at IT-Lex, we write a lot about the form of producing documents. (For instance, see here, here, here, and here) Producing in TIFF format has long been the standard-bearer in electronic discovery, while PDFs are a...more

Predictive Coding Semantics: Step out of the Rain!

A few years ago, we wrote about predictive coding going mainstream; shortly thereafter we wrote a series debunking the most common myths about predictive coding; then, we even went so far as to break down predictive coding...more

KBR Decision: What Government Contractors Need To Know About Possible Erosion Of Internal Investigation Privilege Protections

In a significant legal development, a U.S. District Court Judge recently ordered KBR Inc. (KBR) to produce internal investigation materials addressing allegations of misconduct under a government contract for military support...more

1,236 Results
|
View per page
Page: of 50

Follow Electronic Discovery Updates on: