Electronically Stored Information

News & Analysis as of

Social Media E-Discovery: Are Your Facebook Posts Discoverable in Civil Litigation?

Judge Richard J. Walsh began his opinion in Largent v. Reed with the following question: “What if the people in your life want to use your Facebook posts against you in a civil lawsuit?” With the explosive growth of social...more

Five Drivers of E-Discovery in the APAC Region

In last week’s blog, we discussed developing trends in e-discovery law in the Asia-Pacific region. This week, we explore five trends that will continue to spur the growth of e-discovery in this region over the next few years....more

Canada’s amendments to PIPEDA now largely in force

Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) has been amended by The Digital Privacy Act (the “DPA”). DPA updates PIPEDA and modernizes Canadian data privacy and security law. DPA is now...more

American Arbitration Association Revises Construction Industry Rules and Mediation Procedures

The American Arbitration Association (AAA) recently revised its Construction Industry Rules and Mediation Procedures (Rules). The revised Rules, which took effect on July 1, 2015, are intended to provide a more efficient and...more

Failure to Prepare for Litigation Results in Adverse Inference Instructions (California)

NuVasive, Inc. v. Madsen Med., Inc., 2015 WL 4479147 (S.D. Cal. July 22, 2015). In this conspiracy theory case, the defendants filed a motion for sanctions against the plaintiff, alleging that the plaintiff engaged in...more

What’s the Biggest Obstacle in Locating Responsive Data for E-Discovery?

Getting to the electronically stored information (ESI) that truly matters to the case as soon as possible is the single best way to reduce e-discovery costs. It also happens to be the biggest challenge. That point was...more

Court Grants Restraining Order in Light of Inadvertent Disclosure (California)

Newark Unified Sch. Dist. v. Superior Court , 2015 WL 4594095 (Cal. Ct. App. July 31, 2015). In this inadvertent document release case, the plaintiff sought injunctive relief against the defendant, requiring the return...more

Failure to Specify Production Requests Leads to Indeterminate Ruling (Michigan)

Nykoriak v. City of Hamtramck, 2015 WL 4600234 (E.D. Mich. July 29, 2015). In this civil rights case, the defendants filed a motion to compel production of documents from the plaintiff. The defendants alleged that, while...more

Court Grants Sanctions In Light of Reckless Failure to Preserve (Delaware)

Kan-Di-Ki, LLC v. Suer, 2015 WL 4503210 (Del. Ch. July 22, 2015). In this breach of contract case, the plaintiff alleged that the defendant engaged in suppression and spoliation of evidence when the defendant deleted...more

Targeted Search Criteria for ESI Results in Granted Discovery Request (New York)

Stinson v. City of New York, 2015 WL 4610422 (S.D.N.Y. July 23, 2015). In this production dispute, the plaintiffs sought to compel the production of ESI kept by the defendants that would show an increase in legally...more

FRE 502(d) – An Underutilized “Safety Net” in Document Intensive Litigation

The inadvertent disclosure of privileged material may haunt a company for years, particularly in today’s era of pattern litigation and increased collaboration within the plaintiffs’ bar. Fortunately, in matters pending in...more

Get to Know the E-Discovery Changes to the FRCP

Five years ago, a group of judges and legal professionals comprising the Federal Civil Rules Advisory Committee met at Duke University to begin the discussion of potential e-discovery rule changes to the Federal Rules of...more

Excavation, Evolution and EMEA Ediscovery: Spotlight on the UK and Germany

What do dinosaurs and data have in common? While it may seem like a strange comparison, excavating a fossilized Tyrannosaurus Rex may not be all that different from finding the most relevant information in terabytes of data....more

Are You the Next Cybercrime Target?

How valuable is your data? If you store personally identifiable information, such as Social Security numbers, protected health information under HIPAA, and even more mundane information such as dates of birth and e-mail...more

Embracing the Upside of Technology Assisted Review (TAR) in E-Discovery

It was not terribly long ago that electronically stored information (ESI) collection and subsequent review looked a lot like this: gather up printed emails, scan them into the system with optical character recognition (OCR)...more

[Webinar] 2015 Mid-Year E-Discovery Case Law Review - August 19th, 12:30 ET

In this complimentary CLE webcast*, three e-discovery thought leaders, including one chief district judge and one Fortune 500 legal director will review the key e-discovery cases and trends from e-discovery case law in 2015...more

Business Litigation Alert: "Deflategate and Litigation - Lessons for Businesses"

Whether or not you’re a New England Patriots fan, the news about “Deflategate” seemed to be everywhere, along with opinions regarding the severity (or lack thereof) of the punishment. ...more

E-Discovery Update: Nonresponsive Attachments – In or Out?

The Federal Rules of Civil Procedure state that "[p]arties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense." Fed. R. Civ. P. 26(b)(1) (emphasis added). In electronic...more

[Webinar] Developing Search Criteria for Determining Document Relevancy - August 13, 1:00pm ET

In today's big data age, it's imperative for legal teams to develop the right search criteria at the outset of the case. Not only will this enable you to quickly learn the key strengths and weaknesses of your case, it will...more

APAC Ediscovery

Last week I had the pleasure of speaking at an Association of Corporate Counsel event in New York. The day-long CLE was dedicated to helping U.S. in-house counsel address international and cross-border litigation issues....more

Hold the (cell) phone! NFL Lawsuit May Hinge on Spoliation

Across New England, armchair attorneys and quarterbacks alike are talking spoliation, discovery, and cell phones. With National Football League Commissioner Roger Goodell’s announcement of his decision on New England...more

Social Media Highlighting E-Discovery Case Law for First Half of 2015

The end of June marks the halfway point for the year and is often a time for reflection on key events of the year. In e-discovery this usually translates to a review of cases that matter – those which reveal new or growing...more

Socially Aware - Volume 6, Issue 3 - July/August 2015

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more

Bad Faith Needed for Court to Rule in Favor of Spoliation Sanctions (Illinois)

Charvat v. Valente, 2015 WL 4037776 (N.D. Ill. July 1, 2015) - In this employment case, the plaintiffs alleged that the defendant corporation had engaged in spoliation when it deleted certain files from its employees’...more

Smartphones & Smart Employers: Device Policies Enable Businesses To Safely Embrace Technology

Employers who don’t think they need a bring-your-own-device policy should consider this: Nearly 70 percent of millennials and 31 percent of baby boomers surveyed last year by TrackVia admitted to using their own devices and...more

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