News & Analysis as of

Electronically Stored Information

Stealing Data Without Depriving the Owner of Access Does Not Amount to Conversion

New York recognizes conversion claims based on intangible property, such as electronically stored information or trade secrets.[1] But does a conversion claim exist when the theft of the intangible property does not deprive...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 Perks And Perils Of Self-Destructing Messages

by Farrell Fritz, P.C. on

What do applications like Snapchat, Telegram, Wickr, Cover Me, Speak On, and Whisper have in common? They are all self-destructing message (“SDM”) applications. What exactly does this mean, you ask? Self-destructing messaging...more

Chips Ahoy: #Meltdown and #Spectre Implications for Legal Professionals Part I

Recent press reports talk about a newly discovered form of security threat that involves attackers exploiting common features of modern microprocessors (aka chips) that power our computers, tablets, smartphones, and other...more

Legal Project Management Series: Defining Fundamental Principles

by Exterro, Inc. on

One topic that’s been earning more and more mindshare in the world of e-discovery is legal project management (LPM). Thinking about what article or articles to write on the topic, I vaguely recalled a famous quote, perhaps...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

Press Delete, Go Directly to Jail? The Scope of the Computer Fraud and Abuse Act’s Damage Provision

by Foley & Lardner LLP on

Can deleting information, even personal information, from your work computer land you in prison? That was the central question posed in USA v. Zeng, Case No. 4:16-cr-00172 in the Northern District of California. Mr. Zeng...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

Google Puts Its SCA Warrant Appeal on Hold as High Court Prepares to Hear Microsoft Case

The fight over the privacy of electronic communications and the government’s ability to reach emails stored abroad in criminal investigations has finally moved to the U.S. Supreme Court. ...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

How Not To Stub Your Toe On Pay Stub Claims

by Fisher Phillips on

Perhaps no law is a better example of California’s finicky wage and hour rules than Labor Code section 226, which governs the format, content, and issuance of pay stubs. Even well-intentioned and otherwise careful employers...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

Privacy Perils: Now You See Me ...

by Bass, Berry & Sims PLC on

In the ongoing and contentious litigation between Uber and Google's autonomous (self-driving) vehicle unit (Waymo v. Uber), allegations have arisen that one party has hidden relevant information, in part by use of...more

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

by CloudNine on

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

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

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Cybersecurity

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