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Once Again, Florida is the Place to Be for eDiscovery Education in March: eDiscovery Best Practices

I alluded to it last week, now I’ll discuss it in more depth. Next month, the University of Florida E-Discovery Conference will be held on Thursday, March 29 – believe it or not, this is the sixth annual conference. And,...more

No Sanctions for Failing to Preserve Cell Phone Records and Call Logs: eDiscovery Case Law

In Dotson, et al. v. Edmonson, et. al., No. 16-15371 (E.D. La. Jan. 22, 2018), Louisiana District Judge Susie Morgan denied the plaintiff’s motion in limine seeking sanctions for spoliation of evidence, finding that the...more

Only 53 Percent of Surveyed Security Officers Are Confident in Security of Data by Third Parties: Cybersecurity Trends

A recently issued report provides an interesting look at how Chief Information Security Officers (CISOs) and others responsible for security are addressing the challenges in today’s cybersecurity climate. The report (The...more

No Sanctions for Failing to Preserve Videos and Photos of Prisoner Accident: eDiscovery Case Law

In Hernandez v. Tulare Cnty. Correction Center, et al., No. 1:16-cv-00413-EPG (PC) (E.D. Cal. Feb. 8, 2018), the California Magistrate Judge denied the plaintiff’s motion for sanctions, ruling that the defendants did not act...more

For a More Complete and Accurate Review, Be Persistent: eDiscovery Best Practices

Manual document review can be prone to error. It’s easy to miss highly relevant documents or privileged documents if you fail to spot the terms that cause them to be identified as highly relevant documents or privileged. To...more

Nobody Doesn’t Like Terminating Sanctions for Fabrication of Text Messages: eDiscovery Case Law

In Lee v. Trees, Inc., No. 3:15-cv-0165-AC (D. Or. Nov. 6, 2017), Oregon Magistrate Judge John V. Acosta granted the defendants’ motion for terminating sanctions where the plaintiff was found to have manufactured text...more

“Master” the Love – Today and on February 28th: eDiscovery Trends

Happy Valentine’s Day! Hope you’re all feeling the love today! Speaking of feeling the love, we’re only two weeks away from the first event of the year at The Master’s Conference in Dallas!...more

Are Cloud Companies Moving Away from Pricing Transparency?: eDiscovery Trends

Last May, I wrote a post asking if pricing transparency is finally happening in eDiscovery. Here’s an article where the trend seems to be reversing – at least for Software-as-a-Service (SaaS, aka cloud) companies in general....more

Befuddled by BYOD? The Sedona Conference Has a New Set of Principles to Guide You: eDiscovery Best Practices

Many organizations are permitting (or even encouraging) their employees to use their own personal devices to access, create, and manage company related information – a practice commonly referred to as Bring Your Own Device...more

Court Denies Plaintiffs’ Request to Email All Defendant Employees as “Simply Unreasonable”: eDiscovery Case Law

In Firefighters’ Ret. Sys., et al. v. Citco Grp. Ltd., et al., No. 13-373-SDD-EWD (M.D. La. Jan. 3, 2018), Louisiana Magistrate Judge Erin Wilder-Doomes denied the plaintiffs’ renewed motion to compel after the parties...more

[Webinar] eDiscovery and the GDPR: Ready or Not, Here it Comes! - February 21st, 12:00pm CT

Do you think that your organization isn’t subject to the requirements of Europe’s impending General Data Protection Regulation (GDPR)? You may be wrong about that. If it is, are you on target to be compliant by May 25? ...more

In the Market for an eDiscovery Solution? Check Out this Buyers Guide: eDiscovery Trends

If you’re a small to medium sized law firm and you have yet to “dip your toe” into the water of selecting an eDiscovery solution (or are unhappy with the one you have selected), a couple of legal technologists have created a...more

This Year’s Legaltech is (Word) Cloudy: eDiscovery Trends

...Last year, we covered InsideLegal’s word cloud and they’ve been creating a word cloud every year since 2011, which is the first year that eDiscovery Daily started covering the show. As of last Friday, they hadn’t done one...more

Court Orders Plaintiff to Reproduce ESI and Produce Search Term List As Agreed: eDiscovery Case Law

In Youngevity Int’l Corp., et al. v. Smith, et al., No: 16-cv-00704-BTM (JLB) (S.D. Cal. Dec. 21, 2017), California Magistrate Judge Jill L. Burkhardt, granted the defendants’ motion to compel proper productions against the...more

LegalTech 2018 Starts in a Week!: eDiscovery Trends

While “Legalweek”, starts next Monday, LegalTech New York 2018, starts next Tuesday, January 30 and concludes on Thursday, February 1. For us at eDiscovery Daily, it’s our eighth year in a row covering the show and we’ll be...more

The Sedona Conference Has Published the Final Version of its Data Privacy Primer: eDiscovery Best Practices

With the Microsoft Ireland case being argued before SCOTUS on February 27 and the General Data Protection Regulation (GDPR) going into effect in May (click here to register for our next webcast on that topic), it’s a big year...more

No Sanctions for Spoliation of ESI Against Plaintiff Leads to Summary Judgment Against Defendant: eDiscovery Case Law

...In IBM v. Naganayagam, No. 15 Civ. 7991 (NSR) (S.D.N.Y. Nov. 21, 2017), New York District Judge Nelson S. Romàn, finding that no intent to deprive by the plaintiff and no prejudice against the defendant for spoliation of...more

2017 eDiscovery Case Law Year in Review, Part 4

...We grouped those cases into common subject themes and will review them over the next few posts. Perhaps you missed some of these? Now is your chance to catch up!...more

2017 eDiscovery Case Law Year in Review, Part 3

...Just because you don’t physically have your hands on the data doesn’t mean you’re not responsible for it. Here are three cases related to rulings regarding possession, custody and control of ESI, including one that relates...more

2017 eDiscovery Case Law Year in Review, Part 2

...Let’s take a look back at cases related to discovery about discovery, technology assisted review, form of production disputes, objections to production requests and an interesting dispute between an eDiscovery provider and...more

2017 eDiscovery Case Law Year in Review, Part 1

Once again, it’s time for our annual review of eDiscovery case law! This is our seventh annual review of cases that we covered on the eDiscovery Daily blog over the past year. As always, we had a number of interesting cases...more

Your “Mashup” of eDiscovery Market Estimates Can’t Possibly Be Any Earlier: eDiscovery Trends

It’s become an annual tradition – the release of the eDiscovery Market Size Mashup that Rob Robinson compiles and presents on his Complex Discovery site each year. It’s also become an annual tradition for him to release it...more

[Webinar] Important eDiscovery Case Law Decisions of 2017 and Their Impact on 2018 - January 11th, 12:00pm CT

2017 was a very interesting year for eDiscovery case law and the impact of FRCP rules changes in 2015 became even more apparent. How can the key case law decisions affect discovery within your organization? This CLE-approved*...more

Court Issues Adverse Inference Sanction for Failing to Preserve Non Party’s Text Messages: eDiscovery Case Law

...In Ronnie Van Zant, Inc. v. Pyle, No. 17 Civ. 3360 (RWS) (S.D.N.Y. Aug. 28, 2017), New York District Judge Robert W. Sweet, among other rulings, issued an adverse inference sanction against one of the defendants for its...more

Clawback Agreement Doesn’t Save Documents Inadvertently Produced Twice from Privilege Waiver: eDiscovery Case Law

...In Irth Solutions, LLC v. Windstream Communications LLC, No. 2:16-CV-219 (S.D. Ohio Aug. 2, 2017), Ohio Magistrate Judge Kimberly A. Jolson, rejecting the idea that a clawback agreement always protects against waiver of...more

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