Electronic Discovery Updates

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

“Predictive Coding” and Litigation

Recently, PK Law’s newsletter contained a piece on the use of electronic means to effect service of process. The topic found its way into the national press which captured the decision of a judge to permit service on a...more

Court Seeks Clarity and Cooperation in Technology-Assisted Review

Three years ago, Judge Andrew J. Peck became the first judge to officially condone the use of computer-assisted review in electronic discovery in his seminal case Da Silva Moore v. Publicis Groupe, 287 F.R.D. 182, 193...more

April 2015: Trial Practice Update

Admissibility of Third Party Postings on Social Media Pages. This article focuses on whether statements posted by a third party on a person’s Facebook “wall” or similar social media page are admissible for their truth...more

E-Discovery and Information Management: Courts Continue to Endorse Technology Assisted Review To Control Rising Costs of...

The rapid pace of technological development, particularly in the area of data storage, has created significant burdens on all businesses, large and small. In litigation, the cost of locating relevant Electronically-Stored...more

The Ever-Expanding Scope of Social Media Discovery [Video]

Social media discovery is now commonplace within civil litigation, with Facebook continuing to be a primary source of potentially-discoverable information. As technology continues to advance, though, the judicial system is...more

Trends in Litigation Support Outsourcing

The rising costs of legal services, continuing growth of Big Data, and budget pressures have popularized legal process outsourcing over the last two decades. This can take the form of outsourcing back office functions such as...more

Epiq acquires Iris Data for $134 million

Epiq Systems Inc. recently announced that it has acquired Iris Data Services for $134 million. Epiq, which provides a range of services to the legal industry including data breach response, bankruptcy and class action and...more

E-Discovery Update: When Personal and Work Data Collide

In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more

New York court orders worldwide discovery from Spanish bank

In a recent decision that is now on appeal, a New York federal judge ordered a Spanish bank that maintained a New York branch to make inquiry of “all branches, within and without New York State,” for account information that...more

Recent Developments in Court Decisions on E-discovery Issues

The duty to preserve and collect data that may be discoverable once litigation is reasonably anticipated is well established. The following are highlights from recent Court decisions affecting the eDiscovery process. Although...more

Court Redefines the Legal Standard for Preservation Obligations (4th Circuit)

Blue Sky Travel & Tours, LLC v. Al Tayyar, 2015 WL 1451636 (4th Cir. Mar. 31, 2015). In this breach of contract case, the defendants failed to produce relevant documents despite a court order, and sanctions were imposed....more

Federal Order Addresses California Restrictions on When Wireless Providers Can Produce Documents Responsive to Subpoenas

A recent order from the U.S. District Court for the Northern District of Illinois affirms that California Public Utilities Code § 2891 applies to wireless telecommunications providers. The argument in that case focused on the...more

Court-Ordered Seizure of Defendants’ Records in Separate Case Enough to Avoid Sanctions (New York)

Perez v. Metro Dairy Corp., 2015 WL 1535296 (E.D.N.Y. Apr. 6, 2014). In this class action, the plaintiffs sought sanctions for the defendants’ failure to produce certain relevant employment documents and records. The...more

Adding Automation to your Legal Strategy

Recently, there has been a lot of attention on the way automation is changing the marketing industry. Companies in all industries are finding new ways to incorporate automation to bring value to customers....more

Court Says Cyber Forensics Covered by Legal Privilege

The Middle District of Tennessee recently issued a key decision in the ongoing Genesco, Inc. v. Visa U.S.A., Inc. data breach litigation. The court denied discovery requests by Visa for analyses, reports, and communications...more

Court Finds No Spoliation after Deletion of Emails during Routine Audit (Missouri)

Gladue v. Saint Francis Medical Center, 2015 WL 1359091 (E.D. Mo. Mar. 24, 2015). In this employment case, the plaintiff sought sanctions for the spoliation of deleted emails. After the plaintiff had been terminated from...more

Ediscovery Costs Affirmed in Termination Dispute (6th Circuit)

Colosi v. Jones Lang LaSalle Americas, Inc., 2015 WL 1186765 (6th Cir. Mar. 17, 2015). In this wrongful termination case, the plaintiff sought to challenge the bill of costs previously awarded to the defendant. The...more

ESI Case Law Update 2015

In this Issue: - Introduction - Preservation - Proposed Amendments to Rule 37 - Search Methodology/Technology-Assisted Review - Proportionality - Cost-shifting - Form...more

Penalty! The California Court of Appeal Calls Foul on the NCAA’s Attempt to Seal Records of the USC/Reggie Bush Investigation

In a significant victory for open court filings, the California Court of Appeal rejected an effort by the National Collegiate Athletic Association (“NCAA”) to seal 400 pages of documents in a dispute between the NCAA and a...more

Court Declines To Order Discovery For Foreign Proceedings

Sleet, J. Petitioner’s application for leave to take discovery pursuant to 28 U.S.C. § 1782 from respondent, a Delaware corporation, for use in foreign litigation is denied....more

Gartner Predicts the Future of Big Data’s Impact on Legal

In February, the White House appointed DJ Patil as the first “chief data scientist” in U.S. history in order to address the challenges of Big Data, who will be tasked with trying to use that data to create efficiencies,...more

Data Encryption and Its Potential Effect on Litigation and Discovery

In September 2014, Apple introduced a new mobile-operating system called iOS8. iOS8 offers enhanced data-encryption protection to Apple users and the content stored on their mobile devices. Apple's advancements in...more

National Data Breach Legislation Advances in House Subcommittee

As the number of high profile data breaches increase, there is mounting pressure on Congress to create a more unified regulatory standard governing company actions in response to a data breach. ...more

New French Data Transfer Rules Could be Sign of BCRs to Come

On March 24, 2015 France’s Data Protection Authority (CNIL) issued a press release announcing the simplification of its data transfer policy. The new requirement will now allow companies to transfer data outside of the EU...more

LegalTech New York 2015 Impressions

Legal Tech New York 2015 took place in early February and the Morris James eDiscovery team was lucky enough to attend for the third straight year. The general impression is that the eDiscovery focus has continued to shift...more

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