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Electronic Discovery Updates

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

Citing SCA, Court Denies Motions to Compel Microsoft, Google and Yahoo to Produce Emails: eDiscovery Case Law

by CloudNine on

In PPG Indus., Inc. v. Jiangu Tie Mao Glass Co., Ltd., No. 2:15-cv-965 (W.D. Pa. July 21, 2017), Pennsylvania District Judge Mark R. Hornak denied the plaintiff’s Motions to Compel third parties Microsoft, Google and Yahoo to...more

New Report from The Aberdeen Group Cites Lack of Advanced Technologies, Offers Recommendations: eDiscovery Trends

by CloudNine on

While recovering from ILTACON and Vegas, I found an interesting report with some interesting statistics and observations from The Aberdeen Group about how many organizations are handling eDiscovery and what they could be...more

Thursday’s ILTACON 2017 Sessions: eDiscovery Trends

by CloudNine on

As noted Monday, Tuesday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting...more

Wednesday’s ILTACON 2017 Sessions: eDiscovery Trends

by CloudNine on

As noted Monday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week...more

Your Litigation Hold Must Be Generally Broad And Specifically Tailored

by Farrell Fritz, P.C. on

In Eshelman v. Puma Biotechnology, Inc., No. 7:16-CV-18-D (E.D.N.C. June 7, 2017), Magistrate Judge Robert B. Jones, Jr., denied Plaintiff Eshelman’s motion seeking a jury instruction in response to Puma Biotechnology Inc.’s...more

Tuesday’s ILTACON 2017 Sessions: eDiscovery Trends

by CloudNine on

As noted yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the...more

Genpact Avoids Sanctions with Timely Legal Holds and ESI Search

by Zapproved LLC on

Court Denies Additional Search for Information Based Only on Speculation in Mirmina v. Genpact LLC, No. 3:16CV00614 (AWT), 2017 BL 260425 (D. Conn. July 27, 2017). In this employment discrimination case, the court denied...more

After Failing to Consult With Client, Counsel Ordered to Pay 60% of Discovery

by Zapproved LLC on

Judge Shifts Costs to Counsel in Employment Discrimination Case - Bailey v. Brookdale Univ. Hosp. Med. Ctr., No. C 16-2195 (ADS) (AKT), 2017 WL 2616957 (E.D.N.Y. June 16, 2017). In this employment discrimination case,...more

Time for ILTACON 2017: eDiscovery Trends

by CloudNine on

The International Legal Technology Association (ILTA) annual educational conference of 2017 (known as ILTACON) kicked off yesterday with several networking events, and begins in earnest today with the first day of sessions. ...more

Plaintiff Sanctioned for Spoliation of Evidence in His Case Against Taylor Swift: eDiscovery Case Law

by CloudNine on

In Mueller v. Swift, No. 15-cv-1974-WJM-KLM (D. Colo. July 19, 2017), Colorado District Judge William J. Martinez ruled that “Plaintiff’s loss or destruction of the complete recording of the June 3, 2013 conversation [between...more

Texts and Message Apps Are Changing Internal Investigations

It almost goes without saying that these days not all pertinent business-related communications can be found on corporate email servers. As we have increasingly seen in recent internal investigations, some of the most...more

Encyclopedia Brown and the Fraudulent Font: New Data Types Continue to Play a Major Role in Investigations

by Exterro, Inc. on

As a kid, I loved the Encyclopedia Brown stories, which were about a boy who ran his own detective agency and solved mysteries (for a fee of 25 cents) that arose in his school and around town. One story I remember in...more

Case Weighs Discovery on Proportional Requests and Specific Objections

by Zapproved LLC on

First American Bankcard, Inc. v. Smart Bus. Tech., Inc., No. 15-638 (E.D. La. May 24, 2017). In this case involving breach of contract and tortious interference, the court partially granted and partially denied the...more

Court Sanctions Counsel for Not Disclosing Deleted Client Emails

by Zapproved LLC on

People v. Miller, No. 16PDJ067, 2017 BL 208514 (Colo. June 1, 2017). In a brief order, the Colorado Supreme Court fined and publicly censured attorney Randall Miller for failing to promptly disclose false evidence. During...more

Blatant Bad Faith in Discovery May Ultimately Warrant Terminating Sanctions

by Zapproved LLC on

CrossFit case wins sanctions for defendant's blatant bad faith - CrossFit, Inc. v. Nat’l Strength & Conditioning Ass’n, No. 14cv1191 JLS (KSC) (S.D. Cal. May 26, 2017). In this unfair competition suit filed by CrossFit,...more

Key Considerations for Adopting Ephemeral Communications Tools

by Mintz Levin - Mintz Edge on

The combination of emerging technologies, information security risks and electronic discovery obligations continues to give rise to questions regarding best practices for adoption of modern ephemeral communication tools in...more

You Want to Review ESI that the Other Side has Deemed Nonresponsive? That’ll Be Extra

Have you ever thought your adversary was withholding relevant ESI from document production? Have you wanted to look at the withheld documents to show that some are indeed relevant? Well, you might be able to – but it’ll cost...more

[Webinar] On Premise or Off Premise? A Look at Security Approaches to eDiscovery - August 30th, 12:00pm CT

by CloudNine on

Today, when consumers are considering their eDiscovery technology choices, there are more factors to consider than ever. In addition to considering the functionality of the software application, you now also have to consider...more

Don’t Let Data Walk Out the Front Door: 7 Security Measures for Preventing Data Loss When Employees Leave

by Exterro, Inc. on

With all the news surrounding data breaches and information leaks, it’s easy to overlook the fact that the number one path sensitive/confidential information illegally enters the public domain is when employees leave their...more

ILTACON 2017 Preview Edition: eDiscovery Trends

by CloudNine on

Believe it or not, it’s almost time for another ILTACON! ILTACON is the annual conference for the International Legal Technology Association (ILTA). This year, it is being held in Las Vegas (baby!) at the Mandalay Bay Hotel...more

Test Your Searches Before the Meet and Confer: eDiscovery Replay

by CloudNine on

...Years ago, I provided search strategy assistance to a client that had already agreed upon several searches with opposing counsel. One search related to mining activities, so the attorney decided to use a wildcard of...more

When Litigation Hits, The First 7 to 10 Days is Critical: eDiscovery Replay

by CloudNine on

...When a case is filed, several activities must be completed within a short period of time (often as soon as the first seven to ten days after filing) to enable you to assess the scope of the case, where the key...more

Improving your eDiscovery Vocabulary is as Easy as 123: eDiscovery Replay

by CloudNine on

...Want to be better equipped to speak the “lingo” of eDiscovery and understand what you’re saying? Here’s a glossary that can help....more

In E-Discovery, Writing a Program to Analyze Data Isn’t the Same as Producing New Data

by Zapproved LLC on

Meredith v. United Collection Bureau, Inc., No. 1:16 CV 1102, 2017 U.S. Dist. LEXIS 56783 (N.D. Ohio Apr. 13, 2017). In this proposed class action, the court granted the plaintiff’s motion to compel the production of data...more

Taylor Swift And The Java-Dump: An E-Discovery Tale

by Farrell Fritz, P.C. on

Some opinions just have it all, and Mueller v. Swift does not disappoint! Indeed, in this lawsuit, Taylor Swift, the pop sensation who has been sweeping the nation, alleges she was the victim of sexual misconduct, assault,...more

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