eDiscovery Daily Blog

Don’t Be Afraid, It’s Only – eDiscovery Horrors!

Today is Halloween!  For the seventh year on this blog, it’s time to try to “scare” you with tales of eDiscovery (and now, cybersecurity) horrors (because, after all, we’re an eDiscovery blog).  Let’s see how we do this year.  Are you afraid?

Just when you thought you knew everything about Shakespeare, it turns out he may have had a co-writer.  You can thank big data analytics for that bit of knowledge.

What about this?

Speaking of Shakespeare, you won’t be able to retrieve one of his most famous phrases in most eDiscovery databases.  Here’s why.

Or this?

This plaintiff was sanctioned in July 2015 for failing to preserve text messages for four key custodians, but the sanction was vacated in January of this year.  What changed?

How about this?

Apparently, it appears that the parties (one of whom may someday be an appellant) appreciated the thought that appending a wildcard after “app” would be an appropriate application of the wildcard in that approach (but doing so might retrieve as many as 300 non-responsive search terms).

Or maybe this?

The most famous judge advocating the use of technology assisted review (TAR) has refused to order the defendant to use TAR in this caseWhat the hell is going on out here?

Have you considered this?

This defendant received “punitive sanctions in the amount of $3,000,000” for the “intentional and admitted deletion of emails” by the defendant’s Senior Vice President of Sales.  Ouch!

Finally, how about this?

Imagine having 2.6 terabytes of data (comprised of 11.5 million documents) stolen from right under your nose, exposing possible illicit offshore holdings of global political leaders and celebrities with which your firm was involved.  If you’re at that firm, it makes you want to jump in the nearest canal!

Scary, huh?  If the possibility of multi-million dollar sanctions, humongous data breaches or reviewing a lot of non-responsive documents because of bad searches scares you, then the folks at eDiscovery Daily will do our best to provide useful information and best practices to enable you to relax and sleep soundly, even on Halloween!

Of course, if you seriously want to get into the spirit of Halloween, click here.  This will really terrify you!

What do you think?  Is there a particular eDiscovery issue that scares you?  Please share your comments and let us know if you’d like more information on a particular topic.

Happy Halloween!

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.