Electronic Discovery Updates

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
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[Webinar] Key eDiscovery Trends and Case Law for 2017 – March 30th, 12:00pm CST

2016 was an important year in eDiscovery. Did you catch all of the important events and developments that occurred over the course of the year? If you didn’t, here is your chance to catch up! This webcast will cover key...more

Why Legal Directors are Bringing E-Discovery In-House: 6 Tips for Successfully Adopting E-Discovery Technology

The responsibilities of any corporate law department leader tasked with overseeing e-discovery, whether he or she carries the title of legal director or something similar, revolve around two core business objectives:...more

6,905 Billable Hours for Attorney Review May Not Be Billable if the Reviewer Isn’t Actually an Attorney: eDiscovery News

A contract lawyer for a Pennsylvania plaintiffs’ firm clocked 6,905 hours of work on a shareholder lawsuit against former executives and directors of Sprint Corp. related to its 2005 merger with Nextel.  One problem, however:...more

March Mayhem: 5 Experts Conquer Their E-Discovery Pet Peeves

March Madness, Spring Fever, call it what you will, but this time of year tends to bring out the more “spirited” sides of our personalities. It’s also a time when our desire for the coming of spring is often dampened by the...more

Defendant Ordered to Reproduce ESI in Native Format, As Originally Requested by Plaintiffs: eDiscovery Case Law

In Morgan Hill Concerned Parents Assoc. v. California Dept. of Education, No. 2:11-cv-3471 KJM AC (E.D. Cal. Feb. 2, 2017), California Magistrate Judge Allison Claire granted the plaintiffs’ motion to compel the defendant to...more

EDiscovery Muscle Memory Maximizes Efficiency

My oldest son is currently practicing his clarinet because he wants to go to a local magnet school. Practice makes perfect has become a consistent refrain in my household. While he doesn’t always enjoy the practice, he knows...more

[Event] Corporate Counsel Conference - May 3-5, Chicago, Illinois

During this unique conference, we will explore the workplace of tomorrow with live technology demonstrations and in-depth, collaborative presentations and workshops....more

The Sedona Conference Issues Helpful and Important Commentary on the Proportionality Concept Applicable to Electronic Discovery

Action Item: The following set of six principles proposed by the Sedona Conference Working Group on Electronic Document Retention and Production should serve as practical guidance for litigants adhering to the proportionality...more

Managing Compliance Risk in the Enterprise

Picture these scenarios: Co-workers email each other about their secret competitive new business. A product manager who was passed over for a promotion exposes his company’s engineering plan on a social media site. An...more

Court Of Chancery Explains Discovery Objections

For some time now, the Court of Chancery has told litigants that objections to documents requests should be specific, not generic and boilerplate. This decision thoroughly addresses the case law on this issue, with numerous...more

The Impact of Cybersecurity Concerns on M&A Activities is Growing: eDiscovery Trends

This is the second story that I’ve covered in the past several months where cybersecurity concerns impacted merger and acquisitions. See below for more on the first one… After Verizon Communications took a $350...more

File Sharing Sites and Inadvertent Waiver

In connection with a declaratory judgment lawsuit wherein the Harleysville Insurance Company sought a ruling that it did not have to pay a loss claim for an October 2014 fire at a funeral home, United States Magistrate Judge...more

California Court Compels Defendant to Re-Produce Electronically Stored Information in Format Requested by Plaintiffs

A California federal trial court has granted the plaintiffs’ motion to compel re-production of electronically stored information (“ESI”) in native format with all associated metadata, while also granting plaintiffs their...more

EDRM Releases New Security Questionnaire: eDiscovery Trends

As promised when they announced the project last August, EDRM announced last week the release of a new Security Audit Questionnaire, which is designed to be a practical tool for evaluating the security capabilities of...more

Delaware Supreme Court Affirms $7 Million Sanction for Discovery Misconduct: eDiscovery Case Law

In Shawe v. Elting, Case No. 487, 2016 (Supreme Court of Delaware, Feb. 13, 2017), the Delaware Supreme Court found that the Court of Chancery followed the correct legal standards and made no errors of law in its sanctions...more

Case Law: You Can’t Spoliate Evidence That You Don’t Possess

HCC Ins. Holdings, Inc. v. Flowers, No. 1:15-cv-3262-WSD, 2017 WL 393732 (N.D. Ga. Jan. 30, 2017). In this case, the court denied a motion for sanctions because the plaintiff failed to prove that the defendant ever...more

New Amendments to Federal Rule of Evidence 902 Implicate Electronic Data Collection and Authentication

Two proposed amendments to Federal Rule of Evidence 902 could have a significant impact on the collection of electronically stored information (ESI) and its admission at trial. While these amendments were aimed at reducing...more

S.D.N.Y. Litigators Hit Snooze Button, Magistrate Judge Peck Issues Second “Wake-Up Call” for “Every Litigator”

Renowned (e)discovery guru (and I use that term advisedly) Andrew Peck, a U.S. Magistrate Judge for the Southern District of New York, recently issued what he termed a “wake-up call” to the Bar in his District. It was...more

‘Very Poor Practice’ in Preservation Offset by the Defendant’s Choice Not to Review

Wal-Mart Stores, Inc. v. Cuker Interactive, LLC, No. 5.14-CV-5262 (W.D. Ark. Jan 19, 2017). In this long-running contract case, the defendant, Cuker Interactive, requested sanctions against the plaintiff, Wal-Mart Stores...more

Lawyer’s Pants Literally Catch on Fire and Alexa to “Testify”: eDiscovery Trends

OK, this first story isn’t exactly an eDiscovery story, but it’s too good to pass up… Here’s a question for you: Would you believe what a lawyer was telling you during closing arguments if his pants were, literally, on fire?...more

Early Bird Gets the Worm - Early Case Assessment Gets the Facts

Getting to the facts of the case as quickly as possible: this has always been the primary goal for any legal team when faced with litigation. But in the digital age, where electronic data pervades and is growing each year...more

Don’t Risk Waiving All Objections to Discovery Responses

Just over a year ago, I authored a Product Liability Advocate blog entry and a Law360 article explaining appropriate methods for asserting objections under Federal Rule of Civil Procedure 34, as amended on December 1, 2015....more

March 2017 Special Immigration Alert

President Trump Issues Revised Executive Order on Travel - Today, President Trump issued a revised executive order on travel that becomes effective at 12:01 a.m. EDT on March 16, 2017 (“March 16 EO”). The March 16 EO...more

Judge Peck Objects to Defendant’s Form of Objections: eDiscovery Case Law

In Fischer v. Forrest, Nos. 14 Civ. 1304 (PAE) (AJP), 14 Civ. 1307 (PAE) (AJP) (S.D.N.Y. Feb. 28, 2017), New York Magistrate Judge Andrew J. Peck ordered the defendants “to revise their Responses to comply with the Rules”,...more

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more

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