Close
Enter your
text here

Electronic Discovery

Citing Proportionality Concerns, Court Grants Plaintiff’s Motion for Protective Order: eDiscovery Case Law

In Noble Roman’s, Inc. v. Hattenhauer Distrib. Co., No. 1:14-cv-01734-WTL-DML (S.D. Ind. Mar. 24, 2016), Indiana Magistrate Judge Debra McVicker Lynch, citing proportionality concerns, granted the plaintiff’s motion for a protective order and ordered that the defendant was prohibited from obtaining the discovery sought by the defendant’s subpoenas from a major shareholder of the plaintiff.

Case Background

In this royalty dispute between parties, the defendant filed a counterclaim contending that the franchise agreements did not permit the type of audits requested by the plaintiff and that “the audits were based on flawed – and knowingly flawed – methodology and are invalid.”  To support its counterclaim, the defendant filed subpoenas seeking information from a major shareholder (Privet Fund) of the plaintiff that included production of 23 categories of documents and Rule 30(b)(6) testimony from shareholder witnesses.

The plaintiff asserted that the subpoenas were an “improper fishing expedition” and that they sought information “outside the proper bounds of discovery”, contending that the shareholder’s Schedule 13D shows it did not begin to amass large amounts of the plaintiff’s shares until after the plaintiff made the business decision to conduct audits of its non-traditional franchisees like the defendant company.  While the court denied the plaintiff’s request to quash the defendant’s subpoenas, it allowed the plaintiff to seek relief through a motion for protective order, which the plaintiff did.

Judge’s Ruling

Determining that the plaintiff “would be required to devote employee time and effort, as well as attorney time, effort, and expense, to review the documents requested by Hattenhauer from Privet Fund, and to devote substantial attorney time and expense for traveling to, preparing for, and cross-examining Privet Fund Rule 30(b)(6) deponent witness(es) in Atlanta, Georgia”, Judge Lynch ruled that the plaintiff had standing to challenge the subpoenas, even though they were issued against a non-party.

With regard to the information requested in the defendant’s subpoenas, Judge Lynch stated that “[t]he categories of information are wide-ranging and include essentially all documents and information relating to Privet Fund’s November and December 2015 letters to Noble Roman’s board of directors, to Privet Fund’s investigation and analysis of Noble Roman’s operations, management, finances, and business plans, and to Privet Fund’s acquisition of Noble Roman’s stock. The subpoenas also seek any documents and information about Noble Roman’s audits of its franchisees.”

Continuing, Judge Lynch cited Rule 26(b), stating that the defendant “beats the drum of ‘relevancy.’ It asserts that all of its deposition topics and document requests are ‘relevant.’ That’s not good enough. Hattenhauer never attempts to demonstrate that the discovery is in any way proportional to the needs of this case, considering such things as the amount in controversy, the importance of the information in resolving contested issues, whether the burden of the discovery outweighs its likely benefits, whether the information can be obtained from other and more convenient sources, or whether the information is cumulative to other discovery Hattenhauer has obtained.”

As a result, Judge Lynch found that “Hattenhauer’s documents and deposition subpoenas to Privet Fund constitute discovery run amok. Asking Privet Fund to provide every document and every piece of information it has – including information it may have obtained orally from Noble Roman’s personnel – about every aspect of Noble Roman’s business operations, finances, marketing plans, and management structure is discovery too far afield from the contested issues in this case.”  Therefore, Judge Lynch granted the plaintiff’s motion for a protective order.

So, what do you think?  Were the defendant’s information requests disproportionate to the case?  Or should its subpoenas have been granted?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Join Me for a Panel Discussion Regarding Rule 34(b) Changes and Other Fun Stuff!: eDiscovery Best Practices

This Thursday, I’ll be in Birmingham, Alabama and I’m excited to be participating in a roundtable discussion regarding the new Rule 34(b) changes!  Here is how you can attend (and even get CLE credit) if you’re in the Birmingham area and how you can still attend via the Web if you’re remote.

The event is hosted by the ESI Roundtable , which is a grassroots, continuing legal education organization that provides eDiscovery training & workshops with practical content and local networking.  Founded by Melissa Rogozinski, ESI Roundtable has produced and hosted over 250 eDiscovery CLEs since 2008!  And, I’m excited to report that the event will be sponsored by CloudNine!

Thursday’s event is titled The New Rule 34(b):  Managing e-Discovery Requests, Objections & Other Fun Stuff .  With Rule 34(b) having been recently amended to both emphasize response time to discovery as well as require specificity of objections, it will be an interesting discussion with experienced attorneys (representing both the plaintiff and defendant points of view) about Rule 34(b), the changes to the rule and what it all means to you.

I will be moderating and adding perspective as someone who has spent over 25 years providing technology assistance and support to attorneys in the litigation process.  It should be educational and a lot of fun!

If you are in Birmingham, CLE credit is available.  You must register, purchase a ticket and attend ONSITE/IN-PERSON to receive CLE credit.  The event will be held at Adams & Reese LLP at Regions Harbert Plaza, 1901 6th Avenue North, Suite 3000, Birmingham, AL 35203 (I hear it’s got a great view of the city).  Click here and go to the bottom of the page to register for CLE credit.

If you can’t attend in person, but would still like to learn from the panelists and attend the event from the comfort of your own workstation, you can attend via WebEx.  Click here to register for the event via WebEx.  Sorry, no CLE credit available for WebEx attendees.

Regardless, it should be a lot of fun and I look forward to meeting all of the in-person attendees on Thursday!

So, what do you think?  Are you interested in learning more about the latest FRCP rules changes?  Please share any comments you might have with us or let us know if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Defendant Sanctioned for Loss of Emails During Provider Switch, But No Sanction For Wiped Hard Drive: eDiscovery Case Law

In Core Laboratories LP v. Spectrum Tracer Services, LLC et. al., No. 11-1157 (W.D. Okla. Mar. 7, 2016), Oklahoma District Judge Vicki Miles-LaGrange granted the plaintiff’s motion for sanctions for emails that were not preserved during an email provider switch via an adverse inference instruction, but denied the plaintiff’s motion for sanctions for deleting files and for wiping the computer of one of its employees.

Case Background

The plaintiff contended that the defendants had a duty to preserve evidence in the wake of and after this litigation commenced, and identified three instances where it contended that defendants intentionally destroyed relevant evidence in this matter, including (1) lost emails relating to correspondence between the defendant and a third party (2) deleting computer files from one defendant employee’s hard drive; and (3) wiping files from another employee’s computer. The defendants contended that the plaintiff had not identified any relevant evidence that has been lost nor could it identify any prejudice it suffered by defendants’ actions.

Judge’s Ruling

Judge Miles-LaGrange began by looking at the recently amended FRCP 37, noting that, in Rule 37(e), spoliation sanctions are only proper when the accused party had a duty to preserve because it knew or should have known that litigation was imminent and if the adverse party was prejudiced.

With regard to the loss of emails between the defendant and a third party, Judge Miles-LaGrange ruled that “Core has shown it was prejudiced by not having access to Spectrum’s emails prior to June 2011. Specifically, the Court finds that this litigation was initiated on March 11, 2011, and Brown testified that relatively quickly after this lawsuit was filed, Spectrum took steps to change its email service provider to ensure every Spectrum email was captured to comply with the requirements of this lawsuit. While Brown testified that Spectrum’s previous email service provider did not have the capability to capture archive emails, the Court finds it was not unreasonable for Spectrum to have taken steps to ensure that any emails prior to switching over to its new email service provider were saved. The Court infers that because all emails prior to June 2011 were lost, emails regarding the formation of Spectrum and the manufacturing of its tracing systems would have been lost too. Since Faurot has confirmed that TPM used one of Core’s pumps as a prototype to produce Spectrum’s pumps, the Court finds that the lack of information available because of Spectrum’s email loss is prejudicial to Core.”

Judge Miles-LaGrange determined that an appropriate sanction would be an adverse inference jury instruction presuming any potential communications that were lost due to the defendant changing its email service provider would have been unfavorable to the defendant.

With regard to the deleted files from one employee’s computer, Judge Miles-LaGrange found “that defendants admitted that Morrison’s personal files were deleted from the hard drive and, further, the hard drive was turned over to Core and has been the subject of an ongoing forensic analysis, during this litigation, to recover all of Core’s proprietary software from the hard drive”.  With regard to the wiped hard drive of another employee, because the defendant testified that anything needed to be kept from his computer was exported to an external hard drive prior to the computer being wiped, Judge Miles LaGrange found the plaintiff suffered no prejudice as a result of this action ether and denied the plaintiff’s motion for sanctions for the deleted files and wiped drive.

So, what do you think?  Should the defendants have been sanctioned for the deleted files and the wiped drive?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Whip Me, Beat Me, Call Me Edna: eDiscovery Trends

If you remember the song from the ‘80s with that title and the group that performed it, then you win the obscure trivia of the day award… :o)

One of the more interesting sessions at this week’s ACEDS conference was the session EDNA Challenge Part 2, where Tania Mabrey, Craig Ball and Tom O’Connor followed up on Craig’s original challenge from seven years ago (discussed in his paper E-Discovery for Everybody: The EDna Challenge) to conduct eDiscovery in a case on a budget of only $1,000.  This time, the challenge was to do so at a cost of $5,000.  While that might seem like an easier challenge, data volumes have risen dramatically, so it may be even more of a challenge than it was back then.

Preceding the session, Craig posted information about his challenge on his blog, Ball in Your Court.  The parameters for the new challenge were as follows:

“Your old friend, Edna, called with a question.  She has a small law firm.  A client is about to send her a Zip file on a thumb drive containing collected ESI in a construction dispute.  It will be PSTs for six people, another four MBOX takeouts from Gmail and a mixed bag of word processed documents, spreadsheets, PowerPoint documents, PDFs and “not a lot” of scanned paper documents (sans OCR or load files) for all ten custodians.  There may also be some video, photographs and web content.  “Nothing too hinky,” she promises.  She thinks it will comprise less than 50,000 documents in all, but it could grow to 100,000 items or more.  The contents will unzip to about 10-12 GB in all.”

Among other things, Craig goes on to tell us that Edna will need a review solution that will support three reviewers, review may take up to 90 days, the case may not conclude for up to two years and Edna is willing to spend up to $5,000 “ALL IN, for software, vendor services, SaaS, whatever, exclusive of the cost of her time and staff time), but she won’t spend a penny more.”  The gauntlet is thrown.

So far, there have been 24 responses to Craig’s blog post (and Craig evidently received additional responses via email).  Some are questions or observations from representatives of eDiscovery providers, others are responses from Craig to those questions and observations (let’s just say if you didn’t take the challenge seriously or tried to change the parameters, Craig’s response was direct, to say the least).

In the session, Craig, Tom and Tania reviewed some of the alternatives that had been provided to him, including one from CloudNine (shameless plug warning!), provided by our CEO, Brad Jenkins.  You can read the breakdown of Brad’s offering in the comments to the blog post (Craig’s classic response was “Thanks for the helpful breakout. Can’t help but hear Samuel L. Jackson’s voice in Pulp Fiction: “Look at the big brains on Brad!””).

As an eDiscovery provider that offers a no-risk free trial, we see at least one or two Edna-like clients a week that give our software a try (and, unlike some software platforms, they get the same features and capabilities as our Fortune 500 clients do).  The trend toward automation and the cloud in the industry have made eDiscovery more affordable than ever for the Ednas of the world and CloudNine is proud to be a part of that trend.  No need to whip or beat Edna any more.

So, what do you think?  Do you think that eDiscovery software is now affordable for all lawyers?  Please share any comments you might have with us or let us know if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

EDRM Isn’t THE WORD, It’s 300 Pages of Words (Terms): eDiscovery Best Practices

As I fly back home to flooded Houston after an enjoyable and successful ACEDS conference (and try to type this while the guy in front of me insists on reclining his seat), it’s worth noting that other stuff is going on too.  One notable item from this week is that EDRM released (or should I say re-released) its Glossary of Terms.

While the Glossary existed before, it wasn’t previously available in a downloadable PDF format.  Now it is.  It doesn’t just provide terms from “A” to “Z” – it provides terms from “1” – i.e., SEC Rule 10b(5) – to “.E” – i.e., .Ex01 File.  317 total pages of defined terms in all, with some described in just a sentence and others described over as much as a page.  The Glossary not only provides a detailed definition of each term, it also identifies the source of that term and its definition.  Examples:

  • While you might think “Bag and Tag” (page 24) is what I did with my luggage when I got to the airport today, it’s actually defined as “The process of receiving, recording, and securing client source data as evidence. The first link in the chain of custody.” (come to think of it, that’s pretty similar)
  • While you might think that “Comic Mode” (page 54) is something that a comedian goes into before a show, it’s actually defined as “Human-readable data, recorded on a strip of film which can be read when the film is moved horizontally to the reader.”
  • While you might think that a “Family Range” (page 114) is land owned by a wealthy Texas rancher, it’s actually defined as “the range of documents from the first Bates production number assigned to the first page of the top most parent document through the last Bates production number assigned to the last page of the last child document.”

Get the idea?

In downloadable and easily searchable form, it can serve as a handy reference if you run across a term that you’re not familiar with during your discovery activities.

EDRM also provides six specialized glossaries that you can reference for specific subsets (these terms and others are also included in the main downloadable glossary).  They are:

  • EDRM Collection Standards Glossary: The EDRM Collection Standards Glossary is a glossary of terms defined as part of the EDRM Collection Standards.
  • EDRM Metrics Glossary: The EDRM Metrics Glossary contains definitions for terms used in connection with the updated EDRM Metrics Model published in June 2013.
  • EDRM Search Glossary: The EDRM Search Glossary is a list of terms related to searching ESI.
  • EDRM Search Guide Glossary: The EDRM Search Guide Glossary is part of the EDRM Search Guide. The EDRM Search Guide focuses on the search, retrieval and production of ESI within the larger e-discovery process described in the EDRM Model.
  • IGRM Glossary: The IGRM Glossary consists of commonly used Information Governance terms.
  • The Grossman-Cormack Glossary of Technology-Assisted Review: Developed by Maura Grossman of Wachtell, Lipton, Rosen & Katz and Gordon Cormack of the University of Waterloo, the Grossman-Cormack Glossary of Technology-Assisted Review contains definitions for terms used in connect with the discovery processes referred to by various terms including Computer Assisted Review, Technology Assisted Review, and Predictive Coding.

All of the glossaries are available here to the general public.  If you think the glossary is missing any terms that need to be defined, you can also go here to submit a definition to EDRM.

Over the next few days, I will have some observations from the ACEDS conference.  But, that can wait until tomorrow – this guy in front of me is making it really hard to type.  :o(

So, what do you think?  Have you downloaded the EDRM glossary yet?  Please share any comments you might have with us or let us know if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Wednesday ACEDS Conference Sessions: eDiscovery Trends

The ACEDS conference concludes today after kicking off yesterday (and conducting pre-conference seminars the day before).  Let’s take a look at today’s sessions.

The conference is being held today and tomorrow at the Grand Hyatt New York (located at 109 East 42nd Street at Grand Central Terminal).  I will be covering the conference for eDiscovery Daily and will provide info about the sessions before each day, so that attendees will know what’s available.  And our parent company, CloudNine will be one of the exhibitors at the show, at booth #106.  If you’re there, come by and see us!

Unlike other conferences where I have to search for the sessions that relate to eDiscovery, I don’t have to do that here – they all relate to eDiscovery, Information Governance or Cybersecurity.  Here are the sessions for today, the last day of the conference:

8:00 – 9:00 AM:

The Anatomy of a Tweet

Social media is increasingly important to many civil and criminal cases, but do you know how to securely and accurately preserve a Tweet or Facebook post? Social media is dynamic and fluid, so the standards that apply in other forms of discovery will simply not work in the social context. We have a panel of social media insiders who will explain how to obtain evidence from any social platform, with and without user login credentials.

Speakers: William Wilkinson, Director, Forensic Technology, BDO; Rob Robinson, Managing Director, Complex Discovery; Julie K. Brown, Litigation Technology Manager, Vorys, Sater, Seymour and Pease LLP; Calvin Weeks, Computer Forensics Manager, Eide Bailly LLP.

Establishing the Parameters of Ethical Conduct in the Legal Technology Industry – LTPI Working Session

Eric Mandel, Board of Directors for the Legal Technology Professionals Institute (LTPI) will facilitate an open workshop on the proposed ethical standards for eDiscovery Professionals. The LTPI Ethical framework will include: Operational guidance for developing an ethical framework for legal technology professionals, focusing particularly on:

  • Good faith basis in work recommended
  • Reasonableness in efforts
  • Reasonableness in costs
  • Usability for end purposes
  • Fidelity of processes (no “lossiness”)
  • Compliance with laws governing disclosures
  • Accuracy of results
  • Usability to all stakeholders or consumers
  • Ability to certify the foregoing in good faith

Speaker: Eric Mandel, Chair and President, Legal Technology Professionals Institute.

Women to Know: What’s Your Pitch/What’s Your Story

Speakers: David Cowen, President and Managing Director, The Cowen Group; Tania Mabrey, Founder, Sagacity Technology Consultants LLC.

The Essence of E-Discovery Education

E-Discovery education presents unique challenges for lawyers, paralegals, litigation professionals, and judges. This panel will explore educational pathways integrating e-discovery law, technology and practice in degree programs, certification programs, training programs, and continuing legal education that will highlight recommendations on how to teach e-discovery as well as what prospective students should look for in a quality e-discovery educational program.

Speakers: Rachel See, Lead Technology Counsel for the National Labor Relations Board; Bill Hamilton, Faculty and Executive Director, University of Florida Law, International Center for Automated Information Retrieval; Vice-Chancellor Bryan University; Hon. James C. Francis IV, US Magistrate Judge, Southern District of New York.

9:30 – 10:30 AM:

GENERAL SESSION: Tracking Terrorism in the Digital Age & Its Lessons for EDiscovery – Judicial Perspectives

The FBI and Apple Computers are now locked in a court battle over how to unlock an iPhone 5C belonging to Syed Farook, the San Bernardino terror shooter. But this battle is just one small piece of a larger fight over digital privacy, terrorism, and security that will not be settled anytime soon.

The recent terror attacks in California, Paris, Turkey, Beirut, and elsewhere are a terrible human tragedy and we join the worldwide condemnation and offer our deepest sympathies to the victims. But as e-discovery specialists, we are now at the forefront of the fight to bring these criminals to justice, and seek to help advance the science and understanding of terror networks so as to help bring perpetrators to justice and prevent future atrocities.

This panel of Judges will discuss how they battle terrorism in the digital realm.

Speakers: Ronald J. Hedges, Principal, Ronald J. Hedges LLC; Hon. James C. Francis IV, US Magistrate Judge, Southern District of New York; Hon. Matthew Sciarrino, Jr, Judge, New York State Supreme Court – Criminal Term – Kings County; Hon. Xavier Rodriguez, US District Judge, US District Court, Western District of Texas.

11:00 AM – 12:00 PM:

“Bring it In” House

Many of the warhorses of the litigation support industry were first created in the 1980s. While they were groundbreaking when initially released, there is plenty of new technology available to create your own litigation workflow. We’ve brought in experts who can explain alternative platforms- including cloud-based services and mobile applications. They will show how to build litigation workflows that work for your firm and how to secure data beyond the basic security options found in many software platforms. In addition, we will also show you an important third option for the tech savviest attorneys- building your own in-house platform from free or inexpensive software.

Speakers: George Socha, President & Founder, Socha Consulting, LLC; Julie K. Brown, Litigation Technology Manager, Vorys, Sater, Seymour and Pease LLP; Tina Garbarino, Manager of the e-Discovery Services Team at NBCUniversal.

EDna Challenge Part 2

A few years ago, Craig Ball wrote a widely-read and influential paper called “E-Discovery for Everybody: The EDna Challenge.”  Craig asked a group of e-discovery experts how they recommended conducting e-discovery in a case involving a budget of only $1,000. Recognizing that e-discovery costs have increased exponentially, we’ve assembled an all-star panel to revisit the question for 2016 on a $5000 budget. You will learn proven and cost-effective methods as well as some creative new ways to do discovery on a shoestring budget.

Speakers: Tania Mabrey, Founder, Sagacity Technology Consultants LLC; Craig D. Ball, ESI Special Master, Computer Forensic Examiner and Attorney; Tom O’Connor, Senior ESI Consultant, Advanced Discovery.

The Living Dead of E-Discovery

Long after a case is dead and buried, the data often lives on, haunting its former owners. Too many of us keep data from old cases, which only raises costs and creates potentially dangerous security risks. For example, how do you delete data stored with outside counsel or in the cloud or on a third-party’s servers? ESI from old cases increases the risk of a data breach, particularly when the ESI contains PHI and PII. Our panel will address this vital but often ignored aspect of modern litigation.

Speakers: Rachel See, Lead Technology Counsel for the National Labor Relations Board; Cindy MacBean, Manager of Litigation Support Services at Watt Tieder law firm in McLean; Alex Ponce de Leon, Discovery Counsel, Google, Inc.; Chris Dix, Attorney, Smith Hulsey & Busey.

12:00 – 1:15 PM:

ACEDS Awards Luncheon

Honoring Craig Ball of Craig D. Ball, P.C., Allison Brecher of Marsh and McLennan, Sheila Grela of Kennedy and Souza and Kim Taylor of Ipro.

1:15 – 2:15 PM:

The Crystal “Ball”: A Look Into the Future of E-Discovery

Craig Ball will look out into the future and lay out a roadmap for the ACEDS community to contribute to justice and efficiency. Craig is known as a speaker who pulls no punches. Expect an incisive talk spanning forensics, the cloud, legal ethics and creative ways to solve disputes involving technology in the legal system and what you can do to stay competent in EDiscovery as the landscape continuously changes.

Speaker: Craig D. Ball, ESI Special Master, Computer Forensic Examiner and Attorney.

2:45 – 3:45 PM:

Metrics That Matter

The Six Sigma for E-Discovery session will present an overview of how e-discovery professionals can use Six Sigma to improve to quality and efficiency of their processes. Topics will include a discussion on collecting and using metrics, along with a briefing on basic statistical terms. Attendees will also be introduced to Six Sigma based team management tools that support the effective (and ethical) management of e-discovery projects, including, communication protocols, process mapping, and assessing the costs of poor quality.

Speakers: Scott M. Cohen, Director of E-Discovery & Information Governance, Winston & Strawn LLP; Kimberly Williams, Founder and CEO, RedShift Legal, Inc.

Avoiding Sanctions in 2016

With the new Rule 37(e), the Federal Rules now reserve the most severe sanctions only for cases in which one party destroys or withholds evidence with an intent to deprive the other party. In theory, this means that means that it will be harder for parties to be sanctioned for a failure to preserve evidence, provided good faith efforts were made. Of course, reality is always more complicated. Find out how the law is evolving to meet this new standard and what is now considered a sanctionable offense in e-discovery. Current cases with a Rules focus will be explored.

Speakers: Alex Ponce de Leon, Discovery Counsel, Google, Inc.; Alvin F. Lindsay, CEDS, Partner, Hogan Lovells, Miami; Hon. Xavier Rodriguez, US District Judge, US District Court, Western District of Texas.

Master Class: Interviewing in eDiscovery

Ever wished you could be a fly on the wall for a real interview in a law firm or eDiscovery vendor? Now is your chance! TRU Staffing Partners’ founder and CEO, Jared Coseglia, will be teaching a one-of-a-kind Master Class on “Interviewing in eDiscovery.” This interactive session will feature mock interviews with actual professionals in the industry intermingled with coaching from one of the foremost global leaders in legal technology career representation and staffing. The event will include a variety of interviews including an eDiscovery project manager, a technical litigation support analyst, and an eDiscovery consultant in a theatrical environment for all to observe and ask questions. Attendees will gain valuable insight on how to ask the right questions (as potential employer and employee), how to position yourself for the right role, how to better prepare for the interview, how to talk about compensation, and more.

Speakers: James Bekier, Director of Litigation Services for Baker Hostetler; Jared M. Coseglia, Founder & CEO, TRU Staffing Partners; Philip Favro, Consultant, Discovery & Information Governance, Driven, Inc.

ProBono: Planning, Strategies and Implementations

We all want to use our talents to give back to the world, but often don’t know how. This ACEDS webinar will tell you how to find pro bono legal work that makes you happy while making the world a little better. Pro bono organizations need all kinds of help- training, co-counsel work, as well as goods and services. Our presenters will tell you how to figure out where your natural talents are and how to integrate pro bono work with your life and career so that it is a not burden, but a joy.

Speakers: Suzanne Clark, Attorney, eDiCT, LLC; Tom O’Connor, Senior ESI Consultant, Advanced Discovery.

Hope to see you there!

So, what do you think?  Did you attend ACEDS this year?  If so, what did you think of the conference?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Welcome to the ACEDS Conference!: eDiscovery Trends

The ACEDS conference informally kicked off yesterday with its pre-conference seminars and I enjoyed “talking shop” (from a blogging perspective) with Rob Robinson, Robin Thompson, Ari Kaplan and Tom O’Connor (among others).  Now, that the appetizer is out of the way, let’s move on to the main course!

The conference is being held today and tomorrow at the Grand Hyatt New York (located at 109 East 42nd Street at Grand Central Terminal).  I will be covering the conference for eDiscovery Daily and will provide info about the sessions before each day, so that attendees will know what’s available.  And our parent company, CloudNine will be one of the exhibitors at the show, at booth #106.  If you’re there, come by and see us!

Unlike other conferences where I have to search for the sessions that relate to eDiscovery, I don’t have to do that here – they all relate to eDiscovery, Information Governance or Cybersecurity.  Here are the sessions for today:

9:00 – 10:00 AM:

Future Forward Stewardship of Privacy and Security

David Shonka, Acting General Counsel for the Federal Trade Commission, will focus on the Federal Trade Commission (FTC) and its future forward stewardship of privacy and security.  Specific topics will include current regulatory frameworks, guidelines and recommendations, the FTC v. Wyndham Worldwide Corp. case and observations on the Commentary on Privacy and Information Security: Principles and Guidelines for Lawyers, Law Firms, and Other Legal Service Providers published by The Sedona Conference™.

Speaker: David Shonka, Acting General Counsel for the Federal Trade Commission.

10:30 – 11:30 AM:

The Art & Science of Computer Forensics: Why Hillary Clinton’s Email & Tom Brady’s Cell Phone Matter

Ever wonder what a data forensic examiner is looking for or what they see during an investigation? Experienced forensic examiners will be on-hand to show you what digital evidence looks like, down to the bits and bytes of every piece of information. They will show you what is stored in a modern computer system, what metadata reveals, and what you can reasonably expect to find in a modern digital forensic examination. Other topics covered are:

  • Which recovered files/fragments are considered fact testimony vs. opinion testimony
  • A primer on getting your expert accepted by the court.
  • What written reports should look like
  • What are cost expectations for forensic examinations and what are realistic examination timelines in 2016.

Speakers: Christine Chalstrom, Founder, Chief Executive Officer, and President, Shepherd Data Services; David A. Greetham, CFE, Vice President, e-Discovery Operations, Ricoh Americas Corporation; Calvin Weeks, Computer Forensics Manager, Eide Bailly LLP; Stephanie L. Giammarco, Partner, BDO Consulting, New York.

The Secrets No One Tells You: Taking Control of Your Time, Projects, Meetings, and Other Workplace Time-Stealers

We all live under pressure. Clients, judges, attorneys, and bosses issue constant and often contradictory instructions. It’s a recipe for stress, pressure, dissatisfaction – unless you know Bill and Steve’s excellent survival secrets. In this high-energy, interactive session, they’ll share tips, tricks, and techniques for productive meetings, managing email and interruptions, kicking projects into gear, even figuring out what clients actually want. Steve and Bill will show you not just how to survive, but how to thrive in this environment. Bonus: bring your own questions and problems for some on-the-spot suggestions on taking control of a hectic work environment.

Speakers: Bill Speros, Attorney Consulting in Evidence Management, Speros & Associates, LLC; Steven B. Levy, CEO, Lexician.

Ethics Rules for the Tech Attorney

We all know that lawyers can’t be Luddites anymore. ABA Model Rule, Rule 1.1 says lawyers should keep up with changes in the law and its practice, “including the benefits and risks associated with relevant technology.”  But technical competence means a lot more than just knowing a few buzzwords and phrases. This panel that includes bar association ethics administrators, will get into the practical technical considerations every lawyer must understand and be able to critically assess in the course of representing a client in today’s digital world.

Speakers: Kiriaki Tourikis, Vice President, Assistant General Counsel, JPMorgan Chase; Ronald J. Hedges, Principal, Ronald J. Hedges LLC; Michael Simon, Principal of Seventh Samurai LLC.

Hiring & Retaining E-Discovery Leaders

In budget constrained environments, how do you attract and retain top talent? In ethically nuanced situations, how do you create an open, supportive environment that challenges people to be better?  How do you support your people while holding them accountable?  While it is easier to spot educational opportunities for hard skills, how do you expand the leadership potential of your team?

Speakers: David Cowen, President and Managing Director, The Cowen Group; Kenya Dixon, Assistant Director, Division of Litigation Technology and Analysis, Federal Trade Commission.

12:00 – 12:45 PM:

Piecing the Puzzle Together: Understanding How Associations can Enhance Your Career

Looking at the number of associations available, you may often find yourself trying to figure out what the benefit of joining each is and how each apart or together can most benefit your career. During this session, leaders from EDRM, Legal Technology Professionals Institute, ILTA, Women in eDiscovery, and others will give you a look into how each of them provide you the benefits of professional development, networking, and mentoring; how the benefits they provide work with other organizations and associations; and what they see the future holding.

Speakers: Beth Finkle, Executive Director, Women in e–Discovery; Bryn Bowen, CRM, Director of Information Services, Schulte Roth & Zabel; Stephen Dooley, Assistant Director of Electronic Discovery & Litigation Support, Sullivan & Cromwell LLP; Maribel Rivera, Principal, Maribel Rivera Marketing; George Socha, President & Founder, Socha Consulting, LLC; Eric Mandel, Chair and President, Legal Technology Professionals Institute; Mary Mack, Executive Director, ACEDS.

2:00 – 3:00 PM:

Tracking Terrorism in the Digital Age & Its Lessons for EDiscovery – A Technical Approach

The FBI and Apple battle over how to unlock an iPhone 5C belonging to Syed Farook, the San Bernardino terror shooter is just one small piece of a larger fight over digital privacy, terrorism, and security that will not be settled anytime soon.

The recent terror attacks in California, Paris, Turkey, Beirut, and elsewhere are a terrible human tragedy and we join the worldwide condemnation and offer our deepest sympathies to the victims. But as computer forensics specialists, we are now at the forefront of the fight to bring these criminals to justice, and seek to help advance the science and understanding of terror networks so as to prevent future atrocities.

Join us at the ACEDS E-Discovery Conference in New York City as our expert discusses how to battle terrorism in the digital realm. In this session, we will discuss ominous trends, including:

  • Why terrorist plotters are able to avoid leaving digital clues or traceable evidence.
  • How encrypted communications tools are making it easier than ever for parties to hide, destroy, and obscure their data trails online.
  • Which encrypted communications tools are making it easier than ever for parties to hide, destroy, and obscure their data trails online.
  • How to break terrorism rings without violating privacy rights for the rest of us.

Speakers: Roy Zur, CEO, Cybint.

E-Discovery Project Management: Ask Forgiveness, Not Permission

Undertaking an organization-wide legal project management or PMO initiative within a corporate legal department, at a law firm or a service provider is not something to be undertaken lightly. The executive level buy-in, the resources needed, and the patience required can all be daunting. But quite apart from applying project management to overall operations, the question presented to this panel is whether project management methodologies may be applied in more discreet circumstances; specifically, to the e-discovery processes of the EDRM.  Several industry experts will discuss how project management may be used to maximize efficiency, control risk, and produce sound, defensible results across the EDRM without the high-level buy-in needed for an organization-wide initiative. Attendees will take away some best practices in project management and learn the small, important things that will make your electronic discovery projects successful.

Speakers: Jason D. Wallach, Partner, Blank Rome LLP; Albert J. Buckwalter, Director – Litigation Support Group, Department of Justice – Civil Rights Division; Mike Quartararo, Director of Litigation Support Services, Stroock & Stroock & Lavan LLP.

The Limits of Proportionality

At the 2015 ACEDS E-Discovery Conference, Judge Grimm, a leading architect and proponent of the changes to FRCP 26(b), told the audience that proportionality had been “lost” in the old rules. He also argued that the new amendments to the Federal Rules will make it more likely that judges will actively enforce the requirement.  Even US Supreme Court Justice Roberts’ recently-issued “State of the Judiciary” report for 2016 emphasized the importance of the new proportionality rules.

Speakers: Bill Millican, Corporate Director of Training and Development, Xact Data Discovery; Alex Ponce de Leon, Discovery Counsel, Google, Inc.; Hon. Xavier Rodriguez, US District Judge, US District Court, Western District of Texas.

What Your Data Governance Team Can Do For You

In pursuit of e-discovery excellence, the data itself can present several challenges.  As companies encounter litigation requiring data collection, at the same time, companies are encountering a renaissance of insight and business value that can be derived from the very same data.  The team often at the helm of overseeing data management activities in pursuit of business value is Enterprise Data Governance.  Data Governance teams set policy, identify accountability for improving data, and ensure the organizations’ overall treatment of data is improving.  If you are asking any of the following as an e-discovery professional, your data governance team may be able to help you.

  • Where is the data I need? What does this stuff mean?  (Metadata)
  • Is this data any good? Should I be using it?  (Data Quality)
  • Who is responsible for this data set? (Stewardship)

Speaker: Laura Hahn, Senior Manager, Enterprise Data Governance, TD Ameritrade.

Financial Industry Roundtable (Invitation Only)

Closed session to practitioners in the financial industry to have candid conversations about the solutions and challenges in this particular market.  This session will not be recorded and no materials will be distributed.  Possible topics include: voice, archiving, trade reconciliation, Advanced use of TAR and suggestions are welcome.

Speaker: Jason Velasco, eDiscovery Engineering and Architecture, Deutsche Bank.

Using Analytics & Visualizations to Gain Better Insight into Your Data

Big Data plays a big role in litigation for many law firms and organizations. Having the ability to cull down your data earlier in the litigation cycle enables your firm or organization to work more efficiently and competitively. Technology is increasingly playing a key role in helping firms and organizations effectively identify and manage the data most important to your litigation. This session will discuss the emerging trends around analytics in e-Discovery, and how your firm or organization can implement best practices to ensure the highest quality results at a lower cost than traditional document reviews.

Speaker: Dean Kuhlmann, Vice President of Business Development, Brainspace.

3:30 – 4:30 PM:

Defending and Defeating TAR

This session focuses on three sets of TAR’s purported capabilities from two alternative perspectives:  How to defeat TAR’s use or to defend it.

It is led by Judge Ron Hedges who describes the challenge and invites observations from three attorneys who have lead e-discovery projects for a combined 50+ years—and they live to tell about it—and invites observations from you.

Speakers: Gina Sansone, Manager of Litigation Support, AXINN; Bill Speros, Attorney Consulting in Evidence Management, Speros & Associates, LLC; Ronald J. Hedges, Principal, Ronald J. Hedges LLC; Adam Wright Strayer, Esq., Director leading Technology-Assisted Review.

Managing Your Project Manager’s Project Manager: Who’s On First?

Inevitably in any e-discovery matter, there can be as many as three project managers handling a case at any given time. Between the client, law firm and service provider, it’s often difficult to determine who should take the lead, direct traffic, manage budgets and most importantly, manage people. Steven Levy, author of Legal Project Management: Control Cost, Meet Schedules, Manage Risks and Maintain Sanity, will moderate this lively and challenging debate among project managers from all three perspectives to help organizations understand how to work together and manage the e-discovery process, lead the charge, understand boundaries, manage budgets and, most importantly, play nice together in the sandbox.

Speakers: Angelique Harris, Litigation Services Manager, Davis Polk & Wardwell LLP; Todd Hartley, Counsel, Nissan North America, Inc.; Nick Reizen, Vice President of E-Discovery, Xact Data Discovery; Steven B. Levy, CEO, Lexician.

E-Discovery & Compliance

Contributing authors to the Thompson Reuters West treatise, eDiscovery for Corporate Counsel, will lead a spirited discussion of eDiscovery trends with a focus on how they affect the practice of corporate legal departments, including the overlap with compliance.

Speakers: Ignatius Grande, Senior E-Discovery Attorney/Director of Practice Support at Hughes Hubbard & Reed LLP; Alitia Faccone, Chief Marketing Officer at Wilentz, Goldman & Sptizer, P.C.; Philip H. Cohen, Shareholder, Greenberg Traurig, LLP; Kenneth N. Rashbaum, Partner, Barton LLP; Gregory V. Bell, Principal Attorney Editor, Thomson Reuters; Carole Basri, Adjunct Professor for Corporate Compliance at Fordham Law School.

Solving the Privilege Problem

The FRCP and the Federal Rules of Evidence (FRE) have given lawyers tools to avoid inadvertently waiving privilege in most e-discovery circumstances. However, in many cases, including some involving tech-savvy litigants like Facebook, Apple, and Samsung, parties have lost the privilege protection. This session will help parties avoid these mistakes once and for all. Topics include:

  • Handling privilege review in light of new Rules, case law, and technology
  • Sample 502, clawback and protective orders
  • How to obtain a workable 502(d) order

Speakers: James L. Bernard, Partner, Stroock & Stroock & Lavan LLP; Helen Bergman Moure, Principal, Lex Aperta; Philip Favro, Consultant, Discovery & Information Governance, Driven, Inc..

Hope to see you there!

So, what do you think?  Are you planning to attend ACEDS this year?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

ACEDS Starts Today! (Sort Of): eDiscovery Trends

As we noted in our “pre-game” look at the ACEDS conference, today is the first day of the conference!  Well, tomorrow is actually the first day of the conference, but today ACEDS will be offering three pre-conference seminars that should enable attendees identify better ways to address their cybersecurity needs, learn blogging tips and tricks from experienced bloggers (including me) and prepare for the CEDS exam.

These full day seminars should have something for everybody.  They are:

Pre-Conference CEDS Live Exam Prep Seminar

The Pre-Conference CEDS Live Exam Prep Seminar is the ultimate tool to teach you crucial knowledge of the e-discovery process and better prepare you for the Certified E-Discovery Specialist Certification exam. Once completed, you will be more prepared to become a CEDS and control costs and minimize risks associated with e-discovery. Subjects covered span a wide range of e-discovery knowledge: pre-litigation issues, sources of ESI, cost; budgeting, review methods and more.  Note: This event includes lunch on-site.

Instructor: Helen Bergman Moure, CEDS – Principal, Lex Aperta.  Rate: $495.

Cyber Security for Legal Professionals

The Cyber Security for Legal Professionals pre-conference seminar brings together global experts from government, industry, law firms and service providers to discuss and learn about pressing security issues with a special emphasis on e-discovery, evidence and risk mitigation. There will be a live ethical hacking/dark web demonstration, a discussion of the FTC’s trend forward enforcement around security and the Sedona Conference™ white paper on Security, what to expect when reporting to or being informed by the FBI about a breach, cyberinsuance and protocols for retaining evidence while ameliorating live threats.  A certificate of attendance will be given to attendees, and CLE will be applied for in NY, PA and CA.  Non-Member Price: $695, Member Price: $595, Government Price: $395.

Speakers: David Shonka, acting General Counsel for the FTC; Roy Zur, CEO of Cybint; SSA Jay Kramer, NYO Cyber Division; Courtney Lancaster, Fidelis Cybersecurity and Baltimore Chapter Lead for the Women’s Society of Cyber Jujitsu.

Law Student Blogger/Social Invitational

The Law Student Blogger/Social Invitational pre-conference seminar brings together global blogging and social participants from the eDiscovery and Legal Technology community with law students forward thinking enough to create and share their knowledge via online media while still in school. While our hosts Ari Kaplan, Rob Robinson, Doug Austin and Robin Thompson are prolific and accomplished online professionals, we expect to learn just as much from our law student attendees as our hosts. Expect a lively discussion, with tips on tools, methodologies and sources to contribute to justice, build a brand, maximize networks and to attract followers and potential employers.  Law Student Price: $100, Member Price: $295, Non-Member Price: $595.

Speakers: Ari Kaplan, Principal, Ari Kaplan Advisors; Rob Robinson, Managing Director, Complex Discovery; Doug Austin, Editor, eDiscovery Daily; Robin Athlyn Thompson, Vice President, Marketing, BIA.

Click here for more information or here to register.  You can still make it if you register promptly(!) this morning.  Tomorrow, the regular conference begins in earnest and I will be covering the conference for eDiscovery Daily and will provide info about the sessions before each day, so that attendees will know what’s available.  And our parent company, CloudNine will be one of the exhibitors at the show, at booth #106.  If you’re there, come by and see us!

So, what do you think?  Are you planning to attend ACEDS this year?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Here is Your “Pre-Game” Look at The ACEDS Conference: eDiscovery Trends

It’s practically here!  The ACEDS conference is next week!  Here is a “pre-game” (i.e., “pre-conference”) look at some of the events at next week’s conference being held at the Grand Hyatt New York (located at 109 East 42nd Street at Grand Central Terminal) from Monday, the 18th through Wednesday, the 20th.

Next week, I will be covering the conference for eDiscovery Daily and will provide info about the sessions before each day, so that attendees will know what’s available.  And our parent company, CloudNine will be one of the exhibitors at the show, at booth #106.  If you’re there, come by and see us!

Here are a couple of notable events/sessions each day:

Monday, April 18:

This day is technically not the conference, but the pre-conference seminars at ACEDS and there are some good ones to choose from.

Obviously, I’m going to highlight the Law Student Blogger/Social Invitational seminar, which is designed to bring together blogging and social participants from the eDiscovery and Legal Technology community with law students forward thinking enough to create and share their knowledge (or consider doing so) via online media while still in school.  You’ll get to learn from experienced bloggers like Ari Kaplan, Rob Robinson, Robin Thompson and me!  We won’t have any tax tips on tax day, but will have plenty of blogging tips!  If you already have a blog or are interested in starting a blog, join us and learn about the benefits of blogging, how to get started, establishing your blogging workflow, avoiding liability and leveraging social media for professional and personal benefit.

Also, on Monday, EDRM is having its Spring Workshop on that Monday at the same venue in conjunction with the ACEDS conference as well, so if you’re an EDRM member, you can get a 25% discount for attending both.

Speaking of EDRM, they have just released a new EDRM model wall poster to serve as a training tool for legal professionals and eDiscovery practitioners.  Consider this the EDRM diagram “on steroids” – it replaces the Information Governance box with the full-fledged IGRM diagram and provides a brief description within each phase box of that corresponding phase.  Very useful!  In addition to the EDRM sponsors and EDRM’s affinity sponsor ACEDS recognized on the bottom of the poster, it’s cool to see eDiscovery Daily recognized as EDRM’s education partner.  :o)

Tuesday, April 19:

The conference starts in earnest!  The opening keynote presentation at 9am on Tuesday will be presented by David Shonka, Acting General Counsel for the Federal Trade Commission (FTC), who will discuss the FTC’s Future Forward Stewardship of Privacy and Security, covering current regulatory frameworks, guidelines and recommendations.  A very timely topic indeed!

At 2:00 on Tuesday is a session with an interesting title – E-Discovery Project Management: Ask Forgiveness, Not Permission, presented by Jason D. Wallach, Albert J. Buckwalter and Mike Quartararo.  They will discuss how project management may be used to maximize efficiency, control risk, and produce sound, defensible results across the EDRM without the high-level buy-in needed for an organization-wide initiative.  We need more project management related topics, so I will be interested to attend this session.

Wednesday, April 20:

Rise and shine!  At 8am, Rob Robinson, Julie Brown and Calvin Weeks will present The Anatomy of a Tweet, where they will discuss how to obtain evidence from any social platform, with and without user login credentials.

At 11am, Tania Mabrey, Craig Ball and Tom O’Connor will discuss the EDNA Challenge Part 2, where they follow up on Craig’s original challenge from a few years ago (discussed in his paper E-Discovery for Everybody: The EDna Challenge) to conduct eDiscovery in a case on a budget of only $1,000.  The new challenge is to do so at a cost of $5,000 (but then again, data volumes have risen dramatically, so it may be even more of a challenge).  At 1:15, Craig will also look into his crystal “Ball” (get it?) to discuss the future of eDiscovery.

To register for the conference, click here.  Prices vary, depending on a variety of factors, such as whether you’re an ACEDS member, employee of a government or non-profit organization, or student and whether you’re attending the entire conference or one of the pre-conference seminars.

So, what do you think?  Are you attending the ACEDS conference next week?  If not, why not?  Please share any comments you might have with us or let us know if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Well, That Didn’t Take Long! Apple v. the US Government Gears Up for Round Two: eDiscovery Trends

When the FBI was able to access the iPhone used by one of the gunmen in the San Bernardino terrorist shooting, effectively ending the six week dispute between Apple and the FBI over privacy and security, we said the battle was over – for now.  Apparently, “for now” was the same as “not for long”.

According to re/code (Apple-FBI Encryption Battle Shifts to New York, written by Dawn Chmielewski), the U.S. Attorney’s office notified a federal judge in Brooklyn on Friday that the government plans to press forward with its request to have Apple assist in unlocking a phone seized in a Brooklyn drug case, moving the low-profile case to center stage in the ongoing debate over encryption.

“The government’s application is not moot and the government continues to require Apple’s assistance in accessing the data that it is authorized to search by warrant,” U.S. Attorney Robert Capers wrote to the court.

Apple had requested a delay in the case until it could be determined whether the FBI’s new technique for hacking an iPhone 5c used by one of the San Bernardino shooters could also unlock the device in the Brooklyn case.

Back in February, a federal judge ordered Apple to give investigators access to encrypted data on the iPhone used by one of the San Bernardino shooters, a court order that Apple has fought, accusing the federal government of an “overreach” that could potentially breach the privacy of millions of customers.  That same day, Apple CEO Tim Cook published an open letter, pledging to fight the judge’s ruling that it should give FBI investigators access to encrypted data on the device.  And, the two sides battled over the issue in court until the FBI was successfully able to access the iPhone on its own toward the end of March.

As many predicted, it was only a matter of time before another dispute with a government agency over Apple security made its way to the courtroom.  When that government agency is not able to find a way to access the Apple device and requests assistance from the court, I would expect to see a long drawn-out court battle over the issue – one that privacy and security advocates will undoubtedly continue to debate.

So, what do you think?  Is this the case where the true battle between Apple and the US government will be waged?  Please share any comments you might have with us or let us know if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.