News & Analysis as of

Electronic Discovery Civil Procedure

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

Understanding eDiscovery in Criminal Cases, Part Four: eDiscovery Best Practices

by CloudNine on

...88 percent of the US population uses the Internet every day and 91 percent of adults use social media regularly. (See Social Media Evidence in Criminal Proceedings: An Uncertain Frontier from Georgetown Law here). So, it...more

Court Orders TAR E-Discovery Software With Validation Set

by Zapproved LLC on

Winfield v. City of New York No. 15-CV-05236 (LTS) (KHP) (S.D.N.Y. Nov. 27, 2017). In this case alleging that New York City’s affordable housing program has a disparate impact on racial minorities, the plaintiffs...more

Understanding eDiscovery in Criminal Cases, Part Three: eDiscovery Best Practices

by CloudNine on

...The government will usually get its ESI by consent or warrant. Typically, when the federal government seeks data in criminal cases (and most states have a similar procedure), it requests a search and seizure warrant by...more

Five Tips to Enhance E-Discovery Project Management Impact

Why is Project Management Challenging and Rewarding? E-Discovery project managers provide a valuable skill set that keeps litigation discovery on-track. They offer similar services in law firms, e-discovery service...more

Understanding eDiscovery in Criminal Cases, Part Two: eDiscovery Best Practices

by CloudNine on

...Because more than 90 percent of documents today are generated in electronic format, ESI is becoming more and more prominent in criminal matters, especially white collar criminal cases. But many attorneys who take on a...more

Violating a Retention Policy Is Not Necessarily Bad Faith Spoliation

by Zapproved LLC on

Eaton-Stephens v. Grapevine Colleyville Indep. Sch. Dist., No. 16-11611, 2017 U.S. App. LEXIS 22704 (5th Cir. Nov. 13, 2017). In this appeal of a workplace discrimination case, the court held that a school district’s...more

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

by CloudNine on

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

Meeting GDPR Requirements - Is Your E-Discovery Process Ready for the EU’s New Data Privacy Rules?

by Zapproved LLC on

Buzz is building around the European General Data Protection Regulation (GDPR) which becomes law May 25, 2018 — and for good reason. The GDPR’s strict personal data guidelines require that all companies doing business and/or...more

Understanding eDiscovery in Criminal Cases: eDiscovery Best Practices

by CloudNine on

...Criminal cases have long been thought of as an arena devoid of electronic discovery issues. In fact, in 2012 eDiscovery expert Craig Ball wrote in a column regarding the then recently published “Recommendations for...more

Boilerplate Objections

Judge Peck sends a warning shot to the bar about meaningless, repetitive boilerplate responses to document requests....more

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

by CloudNine on

...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

by CloudNine on

...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

by CloudNine on

...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

An End to Over-Preservation? An Expert Perspective on the FRCP

by Exterro, Inc. on

This blog post is adapted from commentary on Rule 37 by William F. Hamilton, Legal Skills Professor and Executive Director, UF Law E-Discovery Project Fredric G. Levin College of Law, University of Florida, in FRCP &...more

Self-authenticating evidence

Federal Rule of Evidence 902 amendments took effect on December 1, 2017. Kelly Twigger reviews the reactions to FRE 902, allowing self-authentication of ESI. Kelly quotes Craig Ball’s must-have’s for the affidavit...more

2017 eDiscovery Case Law Year in Review, Part 2

by CloudNine on

...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

by CloudNine on

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

Checklist of Top 10 E-Discovery Trends for 2018

by Zapproved LLC on

Tips to Empower Corporate Legal Teams to Achieve More Litigation Response Success in the Year Ahead - Are you ready for where e-discovery is going in 2018? Whatever your litigation process maturity level — what we call...more

Ancient ESI: A Survey of the Ancient Documents Exception

Should Titanic’s Box Office release or the debut of Harry Potter already be described as events from the ancient past? It would hardly seem so. But, the amendment to the ancient documents exception to the rule against hearsay...more

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

by CloudNine on

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

US v. Microsoft Litigation Provides the Supreme Court with a Rare Opportunity to Further Clarify and Define the Role of Comity in...

The United States Supreme Court recently granted certiorari in the landmark case of United States v. Microsoft Corp. This matter presents the Court with an opportunity to establish new precedent in the field of international...more

Two Truths and a Lie about Rule 16 Hearings

by Exterro, Inc. on

This blog post is adapted from commentary on Rule 16 by Hon. Xavier Rodriguez, U.S. District Judge, W.D. Texas, in FRCP & E-Discovery: The Layman’s Guide. One truth—not one of the two mentioned in our title—is that this...more

Text, blood and rock 'n' roll

by DLA Piper on

A recent case involving the legendary rock band Lynyrd Skynyrd is noteworthy not only for the fame of its parties, but also for its important and expansive outcome regarding an important eDiscovery issue. In Ronnie Van Zant,...more

4 Tips to Improve Efficiency in Managing Legal Projects

by Exterro, Inc. on

Over the past several years, the idea of “doing more with less” has gone from being an a bland statement on increased efficiency to becoming a reality that organizations have had to live with and ultimately embrace—and it’s...more

Text Messages: Preservation Lessons for Mobile E-Discovery

There was a time when the only data you needed to collect in response to a discovery request was corporate email. Even if you received or sent work emails from your phone, this data would be located on a corporate server and...more

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