eDiscovery Daily Blog

No Joke, It’s Ten Years of eDiscovery Horrors!

Today is Halloween!  This is our tenth(!) year to identify stories to try to “scare” you with tales of eDiscovery, data privacy and cybersecurity horrors because we are, after all, an eDiscovery blog.  Let’s see how we do this year.  Is it just me, or is it getting crazier out there?

Does this scare you?

Did you know that capturing a biometric fingerprint at a theme park could be a violation of privacy rights?

What about this?

Data security fines are becoming prevalent, such as this one for about $56.8 million.  Wait – I’ll see that and raise you $230 million.  Wait – I’ll see that and raise you $5 billion.  Oh, and there’s more than just GDPR or CCPA to worry about.  Speaking of CCPA, will it be a “dumpster fire” when it rolls out next January?

Or this?

Even after a jury verdict, it’s not too late for sanctions for spoliation of ESI significant enough to cause the judgment to be vacated and the case to be remanded for a new trial.

How about this?

Here’s a “cautionary tale about how not to conduct discovery in federal court”.  ‘Nuff said.

Or maybe this?

Clubber Lang predicted “pain” in Rocky IIIThis guy predicts “carnage” resulting from consolidation within the legal tech industry.

Have you considered this?

In this case, two defendants failed to disengage the auto-delete function on their phones, but also each wiped and discarded their phone – one did it twice – since the case began.  Yet, the judge still chose to defer adverse inference sanctions.

Finally, how about this?

In the days after he got fired, he used the stolen login credentials from a former colleague and deleted 23 servers of data in all, which related to clients of the company, for an estimated company loss of $700,000.  Maybe two-factor authentication would have helped here?

Scary, huh?  If the possibility of huge data privacy fines, sanctions even after the case seems to be over, “carnage” within the legal tech industry or your fired IT guy deleting client data doesn’t scare 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 and be terrified, check out this video.  There is nothing funny about this, believe me!

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!

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

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.