Our Insights on eDiscovery

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This is What WON’T Be On Our 2019 eDiscovery Year in Review Webcast Tomorrow: eDiscovery Trends
 This is What WON’T Be On Our 2019 eDiscovery Year in Review Webcast Tomorrow: eDiscovery Trends 590 392 CloudNine

Tomorrow, CloudNine will conduct the webcast 2019 eDiscovery Year in Review. As 2019 has been a busy year, we have a lot of topics planned for tomorrow – everything from key case law decisions to important data privacy trends to whether lawyers are “failing” at cybersecurity and it will be a challenge to get through them all. But, we still couldn’t cover everything – there was simply too much that happened this year to cover it all. So, here are some notable events and trends that happened this year that we won’t have time to discuss tomorrow. Enjoy!

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Court Infers Bad Faith for Plaintiffs Use of Ephemeral Messaging App: eDiscovery Case Law
 Court Infers Bad Faith for Plaintiffs Use of Ephemeral Messaging App: eDiscovery Case Law 479 270 CloudNine

In Herzig v. Arkansas Foundation for Medical Care, Inc., Arkansas District Judge P.K. Holmes, III indicated his belief that the use and “necessity of manually configuring [the messaging app] Signal to delete text communications” on the part of the plaintiffs was “intentional and done in bad faith”. However, Judge Holmes declined to consider appropriate sanctions, ruling that “in light of the [defendant’s] motion for summary judgment, Herzig and Martin’s case can and will be dismissed on the merits.”

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eDiscovery Markets Are Growing and Legal Tech Investments Are “Skyrocketing”. So, Who’s Buying?: eDiscovery Trends
 eDiscovery Markets Are Growing and Legal Tech Investments Are “Skyrocketing”. So, Who’s Buying?: eDiscovery Trends 219 284 CloudNine

No, I don’t mean who’s buying the drinks. Though the growth of the markets and the growth in legal tech investment is certainly worth celebrating (especially for those who’ve seen their investments pay off). ;o) But what I’m asking is: who’s buying the technology?

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Despite Email from Defendants Instructing to Destroy Evidence, Court Declines Sanctions: eDiscovery Case Law
 Despite Email from Defendants Instructing to Destroy Evidence, Court Declines Sanctions: eDiscovery Case Law 479 270 CloudNine

In United States et al. v. Supervalu, Inc. et al., Illinois District Judge Richard H. Mills, despite an email produced by the defendants with instructions to their pharmacies to destroy evidence, denied the relators’ motion for sanctions, stating: “Upon reviewing the record, the Court is unable to conclude that Defendants acted in bad faith. If the evidence at trial shows otherwise and bad faith on the part of the Defendants is established, the Court can revisit the issue and consider one or both of the sanctions requested by the Relators or another appropriate sanction.”

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It’s E-Discovery Day 2019! Check Out Today’s Webcasts and In Person Events!: eDiscovery Best Practices
 It’s E-Discovery Day 2019! Check Out Today’s Webcasts and In Person Events!: eDiscovery Best Practices 403 94 CloudNine

It’s time for another E-Discovery Day!  By my count, this is the fifth annual event that includes a combination of webcasts and in-person events to promote discussion and education of eDiscovery (we won’t hold it against them that they want to spell it with that pesky dash).  Here are links to some of the webcasts and in-person events happening today!

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Here’s Something that Canada and South Carolina Have in Common: eDiscovery Trends
 Here’s Something that Canada and South Carolina Have in Common: eDiscovery Trends 746 426 CloudNine

They both just recently adopted changes to their rules of professional conduct that include a duty of technology competence.

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Court Denies Criminal Defendant’s Motion to Suppress Evidence Obtained via Warrantless Search: eDiscovery Case Law
 Court Denies Criminal Defendant’s Motion to Suppress Evidence Obtained via Warrantless Search: eDiscovery Case Law 479 270 CloudNine

In United States v. Caputo, Oregon District Judge Karin J. Immergut denied the defendant’s motion to suppress emails and evidence derived from a warrantless search of Defendant’s workplace email account, finding “any expectation of privacy in Defendant’s work email was objectively unreasonable under the military’s computer-use policies in effect at his workplace.”

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Pennsylvania Supreme Court Rules that Forcing Provision of Computer Password Violates the Fifth Amendment: eDiscovery Case Law
 Pennsylvania Supreme Court Rules that Forcing Provision of Computer Password Violates the Fifth Amendment: eDiscovery Case Law 479 270 CloudNine

In Commonwealth v. Davis, the Supreme Court of Pennsylvania, in a 4-3 ruling, overturned a lower-court order that required a criminal suspect to turn over a 64-character password to his computer, concluding that “compelling the disclosure of a password to a computer, that is, the act of production, is testimonial” and rejecting the Commonwealth’s argument that provision of the password was a foregone conclusion, finding that “the prohibition of application of the foregone conclusion rationale to areas of compulsion of one’s mental processes would be entirely consistent with” US Supreme Court decisions.

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It’s Time for Your Annual “Mashup” of eDiscovery Market Estimates!: eDiscovery Trends
 It’s Time for Your Annual “Mashup” of eDiscovery Market Estimates!: eDiscovery Trends 518 359 CloudNine

The appearance of the mashed potato graphic can only mean one thing. Nope, not that it’s Thanksgiving week (though, many of us will enjoy our mashed potatoes this Thursday). It means that it’s time for the eDiscovery Market Size Mashup that Rob Robinson compiles and presents on his Complex Discovery site each year.

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Here’s a Webcast to Learn about Important eDiscovery Developments for 2019: eDiscovery Webcasts
 Here’s a Webcast to Learn about Important eDiscovery Developments for 2019: eDiscovery Webcasts 590 392 CloudNine

I know it seems like we just conducted a webcast (we did, three days ago), but we already have another one coming up! 2019 was another busy year from an eDiscovery, cybersecurity and data privacy standpoint. What do you need to know about those important 2019 events? Here’s a webcast that will discuss what you need to know about important 2019 events and how they impact your eDiscovery efforts.

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