Electronically Stored Information

News & Analysis as of

Guidelines for Retaining a Forensic Investigator

Many competent IT departments lack the expertise, hardware, or software to preserve evidence in a forensically sound manner and to thoroughly investigate a security incident. In-house counsel needs to be able to recognize...more

E-Discovery — Setting standards, not cover

The Sedona Conference has a slogan: “Moving the law forward in a reasoned and just way”. That slogan is exactly the way I have described this impressive organization and what do....more

Box, OneDrive, a Combination—What’s Your Flavor?

The cloud-based file-sharing and collaboration business continues to grow, inspiring competition between two heavy weights: Microsoft and Box. Last week, Box announced over $100 million in third quarter revenue growth...more

Finding Categorical Privilege Log to Be Inadequate, Court Orders Plaintiff to Provide a Metadata Log: eDiscovery Case Law

In Companion Property and Casualty Insurance Company v. U.S. Bank N.A., No. 15-01300 (D. S.C., Nov. 3, 2016), South Carolina District Judge J. Michelle Childs determined that the plaintiff’s categorical Privilege Log was...more

Stop the Music: $25 Million Verdict Intact Despite Party’s Intentional Spoliation of Evidence

The court entered final judgment, upholding the jury’s findings and denying the defendant’s motion for a new trial, finding that harsher sanctions for the plaintiff’s intentional spoliation of material evidence were not...more

Sanctions for Failure to Conduct a Reasonable Inquiry Into Factual/Legal Basis for Discovery Responses

Recently in Rodman v. Safeway, Inc., 2016 WL ­­­5791210 (N.D. Cal. Oct. 4, 2016), U.S. District Judge Jon S. Tigar imposed monetary sanctions of $688,644 because of the failure of Safeway and its counsel to conduct a...more

Amendment to Criminal Procedure Rule 41 Impacts Data Privacy in U.S. and Abroad

On December 1, 2016, amended Rule 41 of the Federal Rules of Criminal Procedure (FRCP) went into effect, thus expanding federal law enforcement’s power to search and seize electronic data. The new rule will allow law...more

E-Discovery Moneyball: Brad Blickstein and the Ninth Annual Law Department Operations Survey

In Michael Lewis’s book, Moneyball, he discusses Oakland Athletics’ General Manager Billy Beane’s use of rigorous statistical analysis to find baseball players who added the most value to their team’s success for the least...more

It May Be FALL, But eDiscovery Business Confidence Is On The RISE: eDiscovery Trends

The results are in from the ACEDS and Complex Discovery Fall 2016 eDiscovery Business Confidence Survey, which was conducted last month and (as was the case for the Winter, Spring and Summer surveys) the results are published...more

Evolution of eDiscovery Automation – Looking Back and Looking Forward: eDiscovery Trends

How has eDiscovery automation technology evolved over the years?  Where is it headed?  What is the current state of acceptance for Technology Assisted Review (TAR) within courts and within the bar?  How do the different TAR...more

Defendant Ordered to Produce Source Code Responsive to Agreed Upon Search Protocol: eDiscovery Case Law

In ACI Worldwide Corp. v. MasterCard Technologies, LLC et. al., No. 14-31 (D. Nebraska, Oct. 27, 2016), Nebraska Magistrate Judge F.A. Gossett granted the plaintiff’s Motion to Compel Production of the defendant’s Full Source...more

With No Proof of Duty to Preserve or Bad Faith, Plaintiffs’ Request for Sanctions is Denied: eDiscovery Case Law

In Reyes et. al. v. Julia Place Condominiums Homeowners Association, Inc., et. al., No. 12-2043 (E.D.L.A., Oct. 7, 2016), Louisiana District Judge Carl J. Barbier, in denying the plaintiffs’ request for sanctions, stated that...more

The Light that Shone One Dim Winter Afternoon: The Story of the First E-Discovery Day Celebration

E-Discovery Day is just around the corner, and people are already gearing up for a great lineup of webcasts with speakers from across the industry, as well as live events in various cities across the US. December 1st is the...more

Is Office 365 Alone Sufficient to Address Your eDiscovery Obligations?

Office 365 is moving mainstream eDiscovery off-premises, making Microsoft compelling and convenient for many organizations. If you’re an IT, legal, compliance or HR professional and answered “yes” to the question posed above,...more

E-Discovery Day 2.0: eDiscovery Trends

We’ve recently celebrated Halloween, we’re about to celebrate Thanksgiving. Guess what we celebrate next? You guessed it, it’s…E-Discovery Day!* As the site for E-Discovery Day states, “[o]n December 1, 2016, thousands...more

What if your E-Discovery Process was Like Thanksgiving Dinner?

The buzz around the office this week has been about turkey, dressing, and all the fixings (and of course the days of leftovers that follow!). But the key to Thanksgiving Dinner isn’t in the consumption but in the preparation....more

China Issues Its First Network Security Law

The law will have far-reaching implications for parties that utilize the Internet and handle network data and personal information in the PRC. On November 7, 2016, the Standing Committee of the National People’s Congress...more

The Fall Version of The eDiscovery Business Confidence Survey Has a Canadian Influence: eDiscovery Trends

With everything else we’ve been covering, we’ve been remiss to mention that it’s time for another round of the quarterly eDiscovery Business Confidence Survey created by Rob Robinson and conducted on his terrific Complex...more

Public Comment Period Extended for Commentary on Defense of Process: eDiscovery Best Practices

As we noted a couple of months ago, The Sedona Conference® Working Group on Electronic Document Retention and Production (WG1) has issued a Public Comment Version of a new Principles and Guidelines for Developing and...more

Three Ways that eDiscovery is Safer in the Cloud: eDiscovery Trends

I missed this article when it was published a couple of weeks ago (and have actually presented in a CLE program with the author since), but it still seems timely to cover especially in light of our post on Monday regarding...more

Comic Book E-Discovery: Writer Ben Percy & Attorney Josh Gilliland Weigh In on the Legal World of DC's Green Arrow

Some people might think of comic books as flights of fancy filled with characters wielding supernatural powers to fight foes from other planets, and yes, that’s true. But there are other comics that, while still being...more

Defendant Sanctioned for Failing to Preserve Text Messages and Failing to Produce Native Format Data: eDiscovery Case Law

In First Financial Security, Inc. v. Freedom Equity Group, LLC, No. 15-1893 (N.D. Cal., Oct. 7, 2016), California Magistrate Judge Howard R. Lloyd issued permissive adverse inference instruction sanctions against the...more

Be an Analytics 50 Superstar: Revisit the Past in Your Data to Predict the Future

Studies show that it costs companies millions of dollars or more every time they re-review the same document that is part of a legal or compliance case. In fact, lawyers often review the same document dozens of times or...more

Not an LOL Matter: Court Provides Guidance on Steps Litigants Should Take to Preserve Text Messages

We’ve all been there. Your friends throw you in the pool with your phone in your pocket. You repeatedly slice your finger on shards of glass from your phone’s shattered screen. Or, maybe you forget your phone isn’t waterproof...more

Do Lawyers Actually Realize When They’re Using the Cloud?: eDiscovery Trends

In his LawSites blog last week, Bob Ambrogi reported on results from the 2016 Legal Technology Survey Report by the American Bar Association’s Legal Technology Resource Center. One of the more notable statistics from the...more

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