News & Analysis as of

Electronically Stored Information

Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests: eDiscovery Case Law

by CloudNine on

In Wal-Mart Stores, Inc. et. al. v. Texas Alcoholic Beverages Commission, et. al., No. 15-00134 (W.D. Texas, Apr. 10, 2017), Texas Magistrate Judge Andrew W. Austin (no relation) denied the defendant’s motion to overrule the...more

The Computer Fraud and Abuse Act Will Need To Wait Another Day In New York’s Commercial Division

Justice Shirley Kornreich recently issued one of the few New York state court decisions  that address the Computer Fraud and Abuse Act (“CFAA”).  Spec Simple, Inc. v. Designer Pages Online LLC,  No. 651860/2015, 2017 BL...more

An Attorney Acting ‘With A Pure Heart And An Empty Head’ Is Sanctioned For Spoliating Emails

by Farrell Fritz, P.C. on

According to the Complaint filed in Michael Distefano and Nicole Distefano v Law Offices of Barbara H. Katsos, PC and Barbara H. Katsos, Michael DiStefano and a non-party were owners of a limited liability company that was...more

The Quiet Amendment: How E-Discovery Practitioners Benefit from Upcoming Changes to FRE Rule 902

by Exterro, Inc. on

A year and a half ago, the world of e-discovery was abuzz with Federal Rules amendment talk. And rightly so – the changes then greatly affected the process, particularly with Reasonableness (Rule 37) and Proportionality (Rule...more

Did You Get the Memo? What Recent DOJ Guidance Means for Sustainable Compliance

by Conduent on

On February 8, the Department of Justice published its “Evaluation of Corporate Compliance Programs” to guide attorneys and corporate compliance officers during criminal fraud investigations. The guidance is designed to...more

Is Pricing Transparency Finally Happening in eDiscovery?: eDiscovery Trends

by CloudNine on

An age old issue in eDiscovery has been understanding and comparing pricing between various vendors and service providers. It’s the old “apples vs. oranges” comparison when considering pricing. A new article, which...more

Three Considerations of Document Proposal

by Dentons on

Reviewing and revising a law practice's document retention and disposal practices is an aspirational goal for many law firms. Indeed, setting such a policy can be quite difficult. One reason is that the rules of professional...more

Reporting From the EDRM-Duke Law 2017 Spring Workshop: eDiscovery Best Practices

by CloudNine on

This blog post is a little longer than most as there is a lot to cover here… This week, EDRM held its first Spring Workshop since it was acquired by Duke Law last August, which means this was the first workshop held at...more

Court Says Rule 37(e) Doesn’t Apply When Recording Was Intentionally Deleted: eDiscovery Case Law

by CloudNine on

In Hsueh v. N.Y. State Dep’t of Fin. Services, No. 15 Civ. 3401 (PAC) (S.D.N.Y. Mar. 31, 2017), New York District Judge Paul A. Crotty relied upon inherent authority to impose sanctions and determined “that an adverse...more

Discovery – Requestor Pays, Part of the Way, Anyway

by Reed Smith on

One of the issues that the federal Civil Rules Committee’s discovery subcommittee considered, but that eventually fell by the wayside, on the way to the 2015 discovery rules amendments, were proposals to convert to a...more

It’s Not the Size That Matters, It’s What You Do With It: eDiscovery Best Practices

by CloudNine on

...We certainly have talked a lot about the impact of Big Data and the Internet of Things on this blog as new challenges presented to today’s attorneys, and they are, but challenges have always existed for attorneys in...more

Florida Wills go Electronic

by Charles (Chuck) Rubin on

A bill has cleared both Houses of the Florida legislature authorizing electronic wills and electronic will execution in Florida. Absent an unexpected veto by Gov. Scott, the last wills of testators may now precede them into...more

Sedona Conference Commentary on Proportionality, Third Edition: eDiscovery Trends

by CloudNine on

Within the first two months of this blog, way back in 2010, we posted a blog post about the original Commentary on Proportionality in Electronic Discovery from The Sedona Conference® (TSC), which is a project of The Sedona...more

Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas

A dispute in California federal court over whether Google must turn over documents stored overseas in response to a search warrant may have major implications for white collar practitioners and their clients. Last week Google...more

Federal Courts Lack Inherent Authority to Punish Discovery Misconduct

by Pepper Hamilton LLP on

Federal courts have broad authority to manage discovery, but when it comes to punishing litigants for discovery violations, their inherent authority is limited by rule and now Supreme Court precedent. Recently, the U.S....more

Court Determines TAR Without Keyword Search Culling First is Preferable: eDiscovery Case Law

by CloudNine on

In FCA US, LLC v. Cummins, Inc., No. 16-12883 (E.D. Mich., Mar. 28, 2017), Michigan District Judge Avern Cohn “rather reluctantly” decided a dispute between the plaintiff and defendant on whether the universe of electronic...more

Court Approves Defendant’s Proposed Random Sampling Production Plan: eDiscovery Case Law

by CloudNine on

In Duffy v. Lawrence Memorial Hospital, No. 14-2256 (D. Kansas, Mar. 31, 2017), Kansas Magistrate Judge Teresa J. James granted the Motion to Modify Discovery Order from the defendant (and counterclaimant), where it asked the...more

Updated Sedona Principles Set Best Practices for E-Discovery

by Pepper Hamilton LLP on

The Sedona Conference’s recent updates to The Sedona Principles provide important guidance on how parties to litigation should handle e-discovery. In particular, the new edition of the Principles set forth best practices...more

E-Discovery in a Galaxy Far Far Away: Information Governance in Rogue One and Star Wars Rebels

by Exterro, Inc. on

Who knew that behind the scenes of the battle against the Galactic Empire and the Dark Side of the Force, one of the biggest weapons in the arsenal of the Rebel Alliance was e-discovery. In the more recent additions to the...more

Do We Have a Confidence “Spring” in Our Step in 2017?: eDiscovery Trends

by CloudNine on

The results are in from the Complex Discovery Spring 2017 eDiscovery Business Confidence Survey, which has just concluded and (as was the case for the 2016 Winter, Spring, Summer and Fall surveys and the 2017 Winter survey)...more

Creating a Sustainable Compliance Function

by Conduent on

Today’s compliance problems are tomorrow’s litigation, and the problems in today’s environment are serious: heavy data growth and the increase in electronic communications, heightened regulatory scrutiny, the growing...more

Court Orders Google to Turn Over Foreign-Stored Data

The U.S. Department of Justice (DOJ) recently secured a notable victory against Google in a dispute over the enforceability of a U.S. search warrant seeking access to foreign-stored account data....more

Everything You Need to Know about Buying eDiscovery (eDisclosure) Systems: eDiscovery Trends

by CloudNine on

If you ever wanted to know how many providers there are in the eDiscovery (eDisclosure) space, what services they provide and where they fit in the EDRM model, this is as comprehensive a guide as you can find....more

Fitbit and Other Collected ESI Helps Crack Murder Investigation: New Data Sources in E-Discovery

by Exterro, Inc. on

The discussion of new data types in e-discovery is often talked about but in a speculative way; we know that it’s possible for any relevant electronically stored information (ESI) to be requested as evidence, but most often,...more

Wife’s Fitbit Leads to Murder Arrest for the Husband: eDiscovery Trends

by CloudNine on

At both the Master’s Conference session that I moderated in San Francisco on Tuesday and the webcast that I conducted yesterday, the topic of discovery from IoT (Internet of Things) devices came up. This story illustrates...more

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