News & Analysis as of

Metadata

After Metadata Shows Agreement Documents to Be Unreliable, Defendant’s “Hans” are Tied: eDiscovery Case Law

by CloudNine on

In Ensing v. Ensing, et. al., No. 12591 (Del. Court of Chancery, Mar. 6, 2017), Vice Chancellor Slights ruled for the plaintiff in the case and concluding that the defendant “has engaged in blatant violations of court orders...more

Regulating From Across The Pond: Rough Waters Ahead For Use of Big Data in the EU

by Dorsey & Whitney LLP on

A proposal for new e-Privacy legislation by the European Union may have a significant impact on businesses that wish to rely on use-generated data such as meta-data collected from users of mobile devices. Mobile...more

SEC Proposes Inline XBRL Filing of Tagged Data

On March 1, 2017, the Securities and Exchange Commission (SEC) published for comment a proposed rule requiring the use of the Inline eXtensible Business Reporting Language (XBRL) format for the submission of operating company...more

Defendant Ordered to Reproduce ESI in Native Format, As Originally Requested by Plaintiffs: eDiscovery Case Law

by CloudNine on

In Morgan Hill Concerned Parents Assoc. v. California Dept. of Education, No. 2:11-cv-3471 KJM AC (E.D. Cal. Feb. 2, 2017), California Magistrate Judge Allison Claire granted the plaintiffs’ motion to compel the defendant to...more

Data on Data on Data

by Williams Venker & Sanders on

Meta Data – Meta What? Computers, Word documents, Excel spread sheets and internet searches have become as ubiquitous with the practice of law as rows of dusty books and libraries once were (and depending on who you ask,...more

California Court Compels Defendant to Re-Produce Electronically Stored Information in Format Requested by Plaintiffs

by Jackson Lewis P.C. on

A California federal trial court has granted the plaintiffs’ motion to compel re-production of electronically stored information (“ESI”) in native format with all associated metadata, while also granting plaintiffs their...more

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

by Jackson Lewis P.C. on

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more

Proposal for new European ePrivacy Regulation

by Dorsey & Whitney LLP on

On 10 January 2017, the European Commission announced its proposal for new legislation which would update the law relating to privacy in electronic communications. The Commission has proposed a draft ePrivacy regulation that...more

Metadata Plays Key Role in $10.8 Million Whistleblower Lawsuit Verdict: eDiscovery Case Law

by CloudNine on

Earlier this month, federal jurors awarded nearly $8 million to the former general counsel of a company who says he was fired because he blew the whistle on his company’s potential violation of a foreign bribery law. That...more

EU Advocate General in favour of finding copyright infringement by indexing site The Pirate Bay

by Hogan Lovells on

The cases that deal with the meaning of “communication to the public” continue: in a current reference for a preliminary ruling, the European Court of Justice (CJEU) will have to decide whether the operators of websites that...more

E-Discovery Update: Get Your Metadata Straight

by McGuireWoods LLP on

Tired of hearing about metadata? Here’s one case where it made a difference. In Singh v. Hancock Natural Res. Group, Inc., et al., 2016 U.S. Dist. LEXIS 179974 (E.D. Cal. Dec. 29, 2016), the parties had agreed to produce...more

Court Orders Plaintiff to Produce Emails with Original Metadata: eDiscovery Case Law

by CloudNine on

In Singh et. al. v. Hancock Natural Resources Group, Inc. et. al., No. 15-1435 (E.D. Cal., Dec. 29, 2016), California Magistrate Judge Jennifer L. Thurston granted the defendants’ motion to compel (in part), ordering the...more

Draft Privacy and Electronic Communications Regulation published by European Commission

The European Commission has released proposals for new legislation that seeks to create stronger privacy in electronic communications. The draft Privacy and Electronic Communications Regulation (the “Regulation”) is intended...more

EU e-Privacy Regulation Raises Stakes for Compliance

by Ballard Spahr LLP on

The European Commission's proposed e-privacy regulation sets forth obligations on handling electronic communications and clarifies obligations for seeking consent for the use of cookies. Meant to bring the e-privacy directive...more

2016 eDiscovery Case Law Year in Review, Part 2

by CloudNine on

As we noted yesterday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to admissibility and...more

Lawyers Beware: Sending Native File Documents to Third Parties May Violate Your Ethical Obligations

The rules governing discovery of electronically stored information, though not fully developed, have matured enough to provide the basic “do’s and don’ts” for attorneys. Frequently, a party must produce electronic documents,...more

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

by CloudNine on

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

E-Discovery Nightmares: 5 Experts Share Tales of Redactions, Huge Data Sets, and Things That Go Bump in the Night

by Exterro, Inc. on

Now that the days are growing short, and the summer sun gone, leaving us with overcast skies and wind driven mists clinging to the rain-soaked hills, the mood is set for telling stories of ghouls, goblins, and other specters...more

How to Avoid Getting "Burned" by Redactions: eDiscovery Best Practices

by CloudNine on

Having addressed this issue with a client recently, it seems appropriate to revisit this topic… On the surface, it may seem easy enough to redact a document during eDiscovery review to obscure confidential or...more

Supreme Court Denies Cert in Leading Case on Internet Tracking and Analytics

by Alston & Bird on

The Supreme Court recently declined to review In re Google Inc. Cookie Placement Consumer Privacy Litigation—a consolidated class action alleging that Google and third-party advertisers evaded web browser privacy settings,...more

New Jersey Supreme Court Adopts Significant Amendments to Court Rules

by Genova Burns LLC on

The New Jersey Supreme Court has adopted several amendments to the Court Rules, effective September 1, 2016. Below is a summary of the most significant Rule changes, including those relating to discovery of electronically...more

Making the Creative Commons Smarter

by Davis Wright Tremaine LLP on

Two weeks ago at the terrific inaugural RightsTech Summit, a wide range of very knowledgeable people came together to discuss the current state of digital rights management, and more importantly, the direction that new...more

Paul Revere and the Use of Metadata in a Best Practices Compliance Program

by Thomas Fox on

Yesterday I celebrated the signing of the Declaration of Independence and, more particularly, the signature of John Hancock as emblematic of culture change in a compliance program. Today I want to celebrate another well-known...more

May The Force be with You: Binding the E-Discovery Process Together

by Exterro, Inc. on

The idea that all things are connected is a comforting one. Some people long to be unified with other people, both loved ones and strangers. Others seek unity with the natural world--flora and fauna, water and stone. Even in...more

Everything but the Kitchen Sink: New Data Types and E-Discovery

by Exterro, Inc. on

Almost any activity we take part in creates data; it no longer resides just on email servers or your laptop or mobile phones. Data resides in the cloud, in apps, on social media, in your watch or fitness tracker. For...more

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