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Electronic Discovery Updates

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

eDiscovery and the GDPR: Ready or Not, Here it Comes, Part Three: eDiscovery Best Practices

by CloudNine on

...Initial hopes were that the GDPR would promote eDiscovery cooperation between the US and Europe by standardizing data protection laws and regulations among the 31 EEA nations and the US. But instead, some sections of the...more

300 GB Email Search Rejected in E-Discovery Case

by Zapproved LLC on

Rembrandt Diagnostics, LP v. Innovacon, Inc., No. 3:16-cv-0698 CAB (NLS), 2017 U.S. Dist. LEXIS 164015 (S.D. Cal. Oct. 3, 2017). In this patent case, the court denied the plaintiff’s motion to compel in full. The court...more

Dispute Over Scope of Preservation Obligation Leads to Partial Sanctions For Now: eDiscovery Case Law

by CloudNine on

In E.E.O.C. v. GMRI, Inc., No. 15-20561-CIV-LENARD/GOODMAN (S.D. Fla. Nov. 1, 2017), Florida Magistrate Judge Jonathan Goodman, in a very lengthy and detailed order, denied in part and granted in part the plaintiff’s motion...more

eDiscovery and the GDPR: Ready or Not, Here it Comes, Part Two: eDiscovery Best Practices

by CloudNine on

...The first and overriding concept to be understood in dealing with the GDPR is how the regulation defines personal and sensitive data and then to determine how those definitions relate to data held by your organization....more

New Rules Tackle Authentication of Electronic Data

On December 1, 2017, two amendments to the Federal Rules of Evidence came into effect that impact how courts authenticate digital evidence. The addition of two categories to Rule 902’s list of self-authenticating documents...more

2017 An Illuminating Year in E-Discovery Case Law

by Exterro, Inc. on

In a half-hour conversation with Exterro Director of Marketing Mike Hamilton, Bree Kelly, Attorney and Editor of EDiscoveryLaw.com, summarized the past year in e-discovery case law as illuminating. Perhaps thankfully, there...more

New Federal Rules of Evidence 902(13) and 902(14)

by Foley & Lardner LLP on

You’ve got a case headed to trial in a few short months, and among your exhibits are a number of copies of web pages. You know you need to authenticate them to get them into evidence at trial (and also know your judge is...more

eDiscovery and the GDPR: Ready or Not, Here it Comes: eDiscovery Best Practices

by CloudNine on

...Europe’s General Data Protection Regulation (GDPR) is set to take effect in less than 200 days. It is important to understand the changes this new set of regulations will impose, but it is also important to understand that...more

Latest Batch of 2017 Updates to Ediscovery for Defendants Cheat Sheet

by Reed Smith on

We update our cheat sheet devoted to ediscovery for defendants differently than the others. Because of the broad nature of the topic – these cases arise in a wide variety of non-drug/device contexts – other personal injury,...more

No Dismissal of Claim Against Defendant Accused of Transferring Company Info to Dropbox Account: eDiscovery Case Law

by CloudNine on

In Abbott Labs. v. Finkel, No. 17-cv-00894-CMA (D. Colo. Nov. 17, 2017), Colorado District Judge Christine M. Arguello denied the defendant-movant’s motion to dismiss the plaintiff-respondent’s conversion claim that the...more

Supreme Court Hears Oral Argument Today in Major Case Regarding Cell Phone Location Privacy

In Carpenter v. United States, federal investigators sought cellphone location data for a set of persons suspected in a series of robberies. The Fourth Amendment prevents the government from conducting unreasonable searches...more

Litigation procedure: a round-up for construction in-house lawyers

by Dentons on

Proposals for new disclosure rules in the offing - The changes made to the Civil Procedure Rules (CPR) back in 2013 introduced a new menu of disclosure options to make the process more efficient and ensure that costs are...more

It’s the End of Authentication (of ESI) as We Know It

by BakerHostetler on

Amendments to Federal Rules of Evidence 803 and 902 will become effective on Dec. 1 and will “govern in all proceedings thereafter commenced and, insofar as just, all proceedings then pending.” We previously analyzed the...more

CEO’s Documents Found Proportional to Multimillion-Dollar Complaint

by Zapproved LLC on

Oxbow Carbon & Minerals LLC v. Union Pac. R.R., 2017 U.S. Dist. LEXIS 146211 (D.D.C. Sept. 11, 2017). In this multimillion-dollar antitrust claim, the defendants moved to compel the plaintiffs to include their CEO as a...more

[Webinar] Murphy’s eDiscovery Law – How to Keep What Could Go Wrong From Going Wrong - December 1st, 12:00pm CT

by CloudNine on

As data complexity, discovery costs, and regulatory challenges increase in volume and impact, the pulse rate of publicly highlighted eDiscovery mistakes continues to build. While these mistakes are unfortunate for those who...more

FRE 902 Amendments Go Live in Celebration of E-Discovery Day

by Exterro, Inc. on

Whether or not they intended to give us all an E-Discovery Day gift or not, the federal court system has done just that. Adopted by the Supreme Court earlier this year, Federal Rules of Evidence provisions (13) and (14) will...more

Court Rejects Discovery Burden to Allow Additional Custodians Search

by Zapproved LLC on

Mann v. City of Chicago, Nos. 15 CV 9197, 13 CV 4531, 2017 WL 3970592 (N.D. Ill. Sept. 8, 2017). In this consolidated wrongful detention case, the court granted the plaintiffs’ motion to compel in part, ordering the...more

If You’re a Cloud Provider or Consumer, Consider These Guidelines on How to Conduct Yourself in Europe: eDiscovery Best Practices

by CloudNine on

While we were preparing to eat turkey and stuff ourselves with various goodies last week, the Cloud Security Alliance (CSA) provided an important guideline for compliance with the European Union General Data Protection...more

10 Steps to Navigate the Labyrinth of E-Discovery for Small to Mid-Size Firms

by Pessin Katz Law, P.A. on

The practice of exchanging discovery in federal litigation has ballooned to its own cottage industry within the practice of law. Many law firms tout expertise in the practice “Electronic Discovery Law.” Heady conferences...more

If Evidence In Its Original Form Is No Longer Available – But A Copy Of That Evidence Is – Are Spoliation Sanctions Appropriate?

by Farrell Fritz, P.C. on

In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), Plaintiffs – providers of entertainment-related photojournalism and owners of celebrity photographs – interposed various...more

Plaintiffs Deserve ‘Fair’ Access to Defendant's ESI

by Zapproved LLC on

Pertile v. Gen. Motors, LLC, No. 15-cv-0518-WJM-NYW, 2017 U.S. Dist. LEXIS 141088 (D. Colo. Aug. 31, 2017). In this negligence case, the district court upheld the magistrate’s order requiring that the defendant provide...more

Lessons You Can Learn From the Chadbourne Litigation and Ensuing Discovery Disputes

by Fisher Phillips on

When you combine an increased social awareness of pay disparity issues with an influx of new pay equity legislation at the state and local level, it’s no surprise that lawsuits involving large and high-profile employers are...more

Georgetown E-Discovery Conference Recap: A “Must Attend” E-Discovery Educational Event

by Exterro, Inc. on

Are you looking to be educated by the best and brightest in e-discovery? Are you tired of conference sessions masked as educational but end up being vendor pitches in disguise? Do you want to learn beyond the theoretical? Are...more

Here are Some More Up to Date Fun Facts on Big Data: eDiscovery Trends

by CloudNine on

For many of the webcasts that we’ve conducted at CloudNine this year, we’ve noted several big data fun facts that illustrate the challenges that many organizations face in managing increasing volumes of data. But several of...more

Court Says Spoliation Motion ‘Borders on Frivolous’

by Zapproved LLC on

Barcroft Media, Ltd. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF), 2017 U.S. Dist. LEXIS 164162 (S.D.N.Y. Sept. 28, 2017). The court denied the plaintiff’s motion for spoliation sanctions where the evidence in question...more

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