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Electronic Discovery Updates

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:

The Boundary Layer Between Law and Technology in the Connected Society

by Zapproved LLC on

If someone said to me, “You have to choose one phrase to describe the last couple of decades of world history, what would it be?” I would have very little trouble answering that question. I would describe the last couple of...more

BYOD (Bring Your Own Device) Policies and Best Practices

Some of us may remember a time when companies were not as concerned about where their information was maintained, as most of it was kept in some form or fashion in file cabinets or individual desks, or perhaps stored offsite...more

Where Do You Start? Perhaps by Seeing What Other People Think: eDiscovery Best Practices

by CloudNine on

Earlier this week, Rob Robinson asked the question “Where Do I Start?” on his excellent Complex Discovery blog when discussing the most significant challenges for those seeking and sourcing eDiscovery software and...more

Golf, the Commercial Division, and Expert Disclosure: No Sandbaggers Allowed!

by Farrell Fritz, P.C. on

Several weeks ago, we reviewed some of the newer Commercial Division Rules and reported on a couple recent decisions from Justice Shirley Werner Korneich of the Manhattan Commercial Division applying one of those Rules, Rule...more

Practical Reminder: Personal Email Is Discoverable

by SmithAmundsen LLC on

Last week, a federal judge presiding over a sex discrimination case ordered several members of management to search their personal email accounts and turn over all relevant information. The ruling serves as a reminder of the...more

Diagrams Not Considered Source Code Under Modified Protective Order

by Jones Day on

In a recent Order, ALJ McNamara clarified that while diagrams drawn by an expert depicting the interplay and hierarchy of relevant code modules, inputs, and outputs of source code are to be treated as confidential business...more

Does this Ring a Bell? Court Orders Plaintiff’s Quick Peek Over Defendant’s Objections: eDiscovery Case Law

by CloudNine on

In Fairholme Funds, Inc. v. United States, No. 13-456C, (Fed. Cl. Oct. 23, 2017), Judge Margaret M. Sweeney, despite the defendant’s strong objection, granted the plaintiffs’ motion to compel a “quick peek” production of...more

Addressing the Inconsistent Email Address: eDiscovery Best Practices

by CloudNine on

I recently had a client who was trying to search a fairly sizable archive in CloudNine (about 2.75 TB comprised of several million documents) and searching for emails to and from a given custodian. That search proved a...more

Facebook Wants You to Send Them Your Naked Pictures to Prevent Revenge Porn. I’m Not Kidding: Data Privacy Trends

by CloudNine on

It sounds crazy, right? Facebook wants you to stop worrying about your nudes being shared without your consent by actually sending it your nude photos. It may not be crazy as it sounds....more

New E-Discovery Guidance for Companies and Litigators

by Payne & Fears on

Every company that uses email or stores files electronically (i.e. every company) finding itself in litigation must comply with increasingly onerous discovery obligations. While electronic storage and transmission of data...more

Court Chastises Parties for Turning Case into a “Discovery Slugfest”: eDiscovery Case Law

by CloudNine on

In UnitedHealthcare of Fla., Inc. et al. v. Am. Renal Assoc., Inc. et al., No. 16-cv-81180-Marra/Matthewman (S.D. Fla. Oct. 20, 2017), Florida Magistrate Judge William Matthewman granted in part and denied in part the...more

Cooperation And Competence Are Critical, Concludes One Court

by Farrell Fritz, P.C. on

United States v. New Mexico State Univ., No. 1:16-cv-00911-JAP-LF, 2017 WL 4386358 (D.N.M. Sept. 29, 2017) This case, which arises from allegations of pay discrimination by New Mexico State University (“NMSU”) based on...more

Why Paralegals are the Key to E-Discovery Success or Disaster

by Exterro, Inc. on

Attorneys think they are the project managers, but in all reality 99.9% aren’t. Don’t just take my word for it, in the 2017 In-House Benchmarking Report, 42% of in-house legal survey participants said that attorneys were the...more

Is VC Investment in the Legal Tech Market on the Decline?: eDiscovery Trends

by CloudNine on

Last week, we took a look at whether the eDiscovery market is growing, shrinking or shifting. This week, let’s take a look at whether venture capital investment in the legal tech market is rising or falling....more

Plaintiff’s Data Loss ‘Not Innocent’ in Taylor Swift Case

by Zapproved LLC on

Mueller v. Swift, No. 15-cv-1974-WJM-KLM, 2017 U.S. DIST. LEXIS 112276 (D. Colo. July 19, 2017). In this tort action and its famous countersuit, the court granted the defendant partial, rather than severe, sanctions...more

Is the eDiscovery Market Growing or Shrinking? Or Maybe SHIFTING?: eDiscovery Trends

by CloudNine on

If you look at the number of eDiscovery companies that have been merged or acquired over the past couple of years, you might think that the market is shrinking. On the other hand, if you look at the number of venture capital...more

New Findings: In-House Legal Teams are Focusing on “Control” to Meet Evolving E-Discovery Requirements

by Exterro, Inc. on

According to EDRM Duke Law, Exterro and BDO Consulting’s new 2017 In-House Benchmarking Report, in-house legal departments have continued to move more outsourced legal services in-house in hopes of gaining the kind of control...more

After Objection, No Waiver of Privilege for Putting Information on File Share Site without Protection: eDiscovery Case Law

by CloudNine on

In Harleysville Insurance Co. v. Holding Funeral Home, Inc., No. 1:15cv00057 (W.D. Va. Oct. 2, 2017), Virginia District Judge James P. Jones sustained the plaintiff’s objections to the Magistrate Court ruling that the...more

IT Will Scare You – eDiscovery Horrors!

by CloudNine on

Today is Halloween! Hard to believe, but for eight years now, we have identified stories to try to “scare” you with tales of eDiscovery and cybersecurity horrors because we are, after all, an eDiscovery blog. Let’s see how we...more

[Webinar]: On Premise or Off Premise? A Look At Security Approaches to eDiscovery - November 15th, 12:00pm CT

by CloudNine on

Many say that the cloud is revolutionizing eDiscovery as we know it, while others still prefer the control of the on-premise eDiscovery solutions they’re used to using. So, what factors should you consider when selecting your...more

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

by Farella Braun + Martel LLP on

The fight over whether the government may access the data of companies and individuals that is stored overseas has officially made its way to the U.S. Supreme Court. On October 16, the Supreme Court agreed to review the...more

Why E-Discovery Still Hasn’t Changed that Much in 5 years

by Exterro, Inc. on

The continued explosion of data! Additional, new and scary data types! New FRCP e-discovery amendments! You would think with all these new revelations e-discovery would have changed a lot in the past 5 years, right?...more

Houston, We Have a Problem – Court Specifies Jury Instructions to Address Spoliation Findings: eDiscovery Case Law

by CloudNine on

In GN Netcom, Inc. v. Plantronics, Inc., No. 12-1318-LPS (D. Delaware, Oct. 5, 2017), Delaware District Judge Leonard P. Stark chose to determine the preliminary and final jury instructions he would give with respect to the...more

Court Calls Cost Shift for Review of Withheld Documents Disproportional

by Zapproved LLC on

Nachurs Alpine Sols. Corp. v. Banks, No. 15-CV-4015-LTS, 2017 WL 2918979 (N.D. Iowa July 7, 2017). In this trade secret theft case, the court granted the plaintiff’s request to review documents that the defendants had...more

The E-Discovery Digest - October 2017

The eighth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

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