News & Analysis as of

Electronically Stored Information

Florida Has a New eDiscovery Checklist: eDiscovery Best Practices

by CloudNine on

One of the best things about speaking at The Master’s Conference is that you get to see other great sessions and presentations as well. During the Orlando event earlier this week, one of the sessions was presented by Ralph...more

‘Lackadaisical’ Preservation Spurs Monetary Sanctions

by Zapproved LLC on

Hefter Impact Techs., LLC v. Sport Maska, Inc., No. 15-13290-FDS (D. Mass. Aug. 3, 2017). In this contract dispute, the court partially granted the plaintiff’s motion for sanctions, ordering the defendant to pay the costs...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

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

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

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

SCOTUS to Resolve Lower-Court Dispute Over U.S. Warrants Seeking Foreign-Stored User Data

The U.S. Supreme Court on Oct. 16, 2017, announced it had granted the government’s petition for certiorari in United States v. Microsoft and will hear a case this Term that could have lasting implications for how technology...more

Can They Really Do That?

by Womble Bond Dickinson on

Best Practices for Managing U.S. Border Searches of Electronic Devices - Effective October 18, 2017, the U.S. Department of Homeland Security (DHS), U.S. Citizenship & Immigration Services (USCIS), Immigration & Customs...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

Additional Rule 701 Guidance

On November 6, 2017, the Staff of the Division of Corporation Finance provided additional guidance on Rule 701 by issuing this new Compliance and Disclosure Interpretation, Question 271.25, reprinted below...more

Court Rejects DOJ’s Depiction of Google as “Willful and Contemptuous” Tactics in Ongoing Battle over SCA Search Warrant

A federal judge in California has agreed to hold Google in contempt for not following his order to turn over data stored overseas. The order is largely symbolic, however, since a contempt order is required for Google to...more

Outgoing NLRB General Counsel Leaves Parting Gift: A Warning to Preserve Evidence

by Faegre Baker Daniels on

Just before National Labor Relations Board (NLRB) General Counsel Richard F. Griffin’s term expired on October 31, 2017, Griffin quietly left a parting gift to those who file charges at the agency (usually unions and...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

Recent Webinar Focused on Hot Topics in Safety and Health Law

by Nexsen Pruet, PLLC on

The Oct. 11, 2017, webinar in our Workplaces that Win certificate series consisted of a safety and health update. During the event, we discussed topics that included: New developments at the Occupational Safety and Health...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

[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

U.S. v. Microsoft: Supreme Court to Review Scope of Search Warrant Compliance in a Digital Age

by Dorsey & Whitney LLP on

The US Supreme Court has granted certiorari to review a decision by the Second Circuit Court of Appeals, which reversed a District Court’s refusal to quash a warrant issued by the Department of Justice to Microsoft that would...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

Location, Location, Location: Microsoft Debate Over Government’s Access to Overseas Data Heads to the Supreme Court

On October 16, 2017, the Supreme Court agreed to review the Second Circuit’s decision in United States v. Microsoft Corp., a case that highlights the current tension between law enforcement needs and privacy concerns in a...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

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Cybersecurity

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