News & Analysis as of

Electronic Discovery Updates

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:

An Inadequate Privilege Log, Or Even The Failure To Serve A Privilege Log, Will Not Result In The Waiver Of The Attorney-Client...

by Weintraub Tobin on

In Catalina Island Yacht Club v. Superior Court (2015) 242 Cal.App.4th 1116, the California Court of Appeal (Fourth District, Division Three), squarely addressed the question: “May a trial court find a waiver of the...more

Integrating Structured Data Into the E-Discovery Process

by Exterro, Inc. on

As data volumes increase and become more complex, having an integrated e-discovery environment where systems and data sources are automatically syncing information and exchanging data with e-discovery applications has become...more

Legal Right Supersedes Physical Possession When It Comes to Control of ESI, Court Rules: eDiscovery Case Law

by CloudNine on

In First American Bankcard, Inc. v. Smart Business Technology, Inc., et. al., No. 15-638 (E.D. La., May 24, 2017), Louisiana Magistrate Judge Joseph C. Wilkinson, Jr. granted the Plaintiff’s Motion to Compel Discovery and for...more

A Better Privilege Mouse Trap

by Conduent on

In eDiscovery, document review accounts for 70 or more cents of every eDiscovery dollar spent. With data volumes soaring, legal teams need better techniques to control these costs. The twin tasks of reducing the number of...more

This New Pilot Program Can Speed Up Discovery, Especially in Arizona and Illinois: eDiscovery Best Practices

by CloudNine on

At its meeting in September of 2016, the Judicial Conference of the United States approved a pilot program to test procedures requiring mandatory initial discovery before the commencement of party-directed discovery in civil...more

In a Second Case, Judge Specifies Search Terms for Parties to Use: eDiscovery Case Law

by CloudNine on

In Abbott v. Wyoming Cty. Sheriff’s Office, No. 15-CV-531W (W.D.N.Y. May 16, 2017), New York Magistrate Judge Hugh B. Scott granted the plaintiff’s motion to compel and defendant’s cross-motion in part, ordering the defendant...more

Court Balances the Realities of Social Media Discovery in Personal Injury Case

by Zapproved Inc. on

Case Summary Reveals Court’s Opinion on Social Media for Discovery - Gordon v. T.G.R. Logistics, Inc., No. 16-CV-00238-NDF, 2017 WL 1947537 (D. Wyo. May 10, 2017). In this personal injury case, the court struck a...more

How Smart Collaboration Can Bring Long Term Gains to Legal Teams (Guest Blogger Heidi Gardner, PhD, Harvard Law School)

by Exterro, Inc. on

On Lawyers and Collaboration: If we’re honest, lawyers have historically been rewarded much more as individuals than as team players. They are rewarded for climbing up the pyramid in a very brutal tournament system that...more

ESI Discovery Best Practices, Part 8 – Joni Mitchell Lyrics from 40 Years Ago Foreshadow ESI Spoliation Battles of Today

by Butler Snow LLP on

While it is possible that with four decades of music, Joni Mitchell’s lyrics have been referenced in a court opinion before, I’d venture a guess that Ms. Mitchell has never made an appearance in an ESI case. That is, until...more

Texas Supreme Court Announces E-Discovery Guidelines

by Strasburger & Price, LLP on

Discovery of electronically stored information (ESI) plays an increasingly important—and expensive—role in litigation. With few opportunities to provide guidance on discovery disputes, the Texas Supreme Court recently seized...more

Personnel, Not Technology the Biggest Factor Prohibiting Business Value from Long-Term Digital Info: eDiscovery Trends

by CloudNine on

In this era of big data, an organization’s ability to govern and preserve digital information, especially long-term digital information, is key. Earlier this month, the Information Governance Initiative (IGI), working closely...more

Court Grants Request For Social Media Posts Related To Emotional State And Physical Activity

by Jackson Lewis P.C. on

In Gordon v. T.G.R. Logistics, Inc., a personal injury case, the court ordered the plaintiff to produce her entire “Facebook account history” from the date of the accident onward to the extent such posts related to her...more

Court Grants Motion for Terminating Sanctions Against Defendants for Intentional Spoliation: eDiscovery Case Law

by CloudNine on

In Omnigen Research et. al. v. Wang et. al., No. 16-00268 (D. Oregon, May 23, 2017), Oregon District Judge Michael J. McShane granted the plaintiffs’ Motion for Terminating Spoliation Sanctions and agreed to issue an Order of...more

Senate Considers Potential Changes to ECPA to Ease Access to Electronic Data Across Borders

Terrorist attacks, most recently in London and Manchester, England, have raised the pressure on law enforcement and lawmakers in countries like the U.K. and the U.S., to proactively intercept and interrupt terrorist...more

Over 80 Percent of Hacking Related Breaches Were Related to Password Issues: Cybersecurity Trends

by CloudNine on

I’ve referred to last year’s Verizon Data Breach Investigations Report (DBIR) in several webcasts lately (including this one) and realized that this year’s report should have already come out by now. Sure enough it has,...more

Court Awards Plaintiff Costs and Fees in Class-Action Against Angie’s List

by Zapproved Inc. on

In Williams v. Angie’s List, Inc., No. 1:16-cv-00878-WTL-MJD (S.D. Ind. Apr. 10, 2017), the court finds that information ‘possessed’ by a party is subject to e-discovery. In this class-action employment case, the court...more

Court Grants Summary Judgment After Plaintiff’s Spoliation Motion Denied: eDiscovery Case Law

by CloudNine on

In Taylor v. Thrifty Payless, Inc., d/b/a Rite-Aid, No. 16-00474 (D. Oregon, May 12, 2017), Oregon District Judge Marco A. Hernandez granted the defendant’s motion for summary judgment after denying the plaintiff’s request...more

First Department Finds Work-Product Protection Not Waived by Storage of Documents on Company Laptop

On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does...more

Supreme Court Says Attorney Fees Must Be Causally Linked to Misconduct

by Zapproved Inc. on

Goodyear Tire & Rubber Co. v. Haeger, No. 15-1406 (U.S. Apr. 18, 2017). The Supreme Court recently issued a unanimous opinion resolving a split in the circuit courts about what attorney fees courts can award for misconduct...more

The “Belt and Suspenders” Approach for Effective Communication: eDiscovery Best Practices

by CloudNine on

Having recently experienced a potential communication issue with a client, I thought it would be a good time to revisit this topic…...more

Free Visual Guide! ESI Types Found in Microsoft Office 365

by Exterro, Inc. on

Not so long ago, the idea of moving a company’s data to the cloud seemed a risky endeavor. But over the last two years, those fears have melted away, and there’s no better example of this than the large number of...more

[Webinar] ACEDS Webinar: eDiscovery Pitfalls and Potholes to Avoid - June 14th, 12:00pm CT

by CloudNine on

If you’ve conducted discovery for litigation, investigations or audits, you know that “Murphy’s Law” dictates that a number of “pitfalls” and “potholes” could occur that can derail your project. These issues can add...more

[Webinar] How SaaS Automation Has Revolutionized eDiscovery for Solo and Small Firms - June 28th, 10:00am PT

by CloudNine on

Until recently, state of the art eDiscovery technology was only available to the largest law firms and corporations. Smaller firms and organizations were essentially priced out of the market and couldn’t afford the solutions...more

Despite Parties’ “Significant Animosity”, Court Orders Them to Meet and Confer: eDiscovery Case Law

by CloudNine on

In Elhannon LLC v. F.A. Bartlett Tree Expert Co., No. 2:14-cv-262 (D. Vermont, Apr. 18, 2017), Vermont District Judge William K. Sessions, III granted in part and denied in part the plaintiff’s renewed motion to compel,...more

Supreme Court of Texas Provides Guidance for Resolving Disputes Over the Production Format of Electronically Stored Information...

by Locke Lord LLP on

In its May 26, 2017, opinion in the case of In Re State Farm Lloyds, Case Nos. 15-0903 and 15-0905, the Supreme Court of Texas provided litigants and courts guidance for addressing and resolving disputes over the format for...more

2,026 Results
|
View per page
Page: of 82
Cybersecurity

Follow Electronic Discovery Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.