Our Insights on eDiscovery

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Assesses $3 Million Punitive Sanction to Defendant for “Bad Faith” Deletion of Emails: eDiscovery Case Law
 Court Assesses $3 Million Punitive Sanction to Defendant for “Bad Faith” Deletion of Emails: eDiscovery Case Law 479 270 CloudNine

In GN Netcom, Inc. v. Plantronics, Inc., Delaware District Judge Leonard P. Stark, finding a high degree of fault, bad-faith intent to deprive the plaintiff of responsive documents and prejudice caused to the plaintiff’s case, imposed several sanctions against the defendant, including “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.

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We Are Family, I Got All My Attachments and Me: eDiscovery Best Practices
 We Are Family, I Got All My Attachments and Me: eDiscovery Best Practices 421 414 CloudNine

OK, I know that’s not how the classic Sister Sledge song goes, but I’m such an eDiscovery geek that every time I think of that song these days, I think of keeping email and attachment families together. One of the most common mistakes that I see clients make is that they forget to account for complete “families” in their email productions, which leads to an incomplete production to opposing counsel.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Rules Government’s Use of Stingray to Locate Suspect Was Unwarranted: eDiscovery Case Law
 Court Rules Government’s Use of Stingray to Locate Suspect Was Unwarranted: eDiscovery Case Law 479 270 CloudNine

In United States v. Lambis, New York District Judge William H. Pauley, III granted the defendant’s motion to suppress evidence obtained by law enforcement agents in connection with a search of his apartment because the apartment was located via the use of a “Stingray” cell-site simulator to identify the location of the defendant’s phone without a warrant.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Cooperation in Predictive Coding Exercise Fails to Avoid Disputed Production: eDiscovery Case Law
 Cooperation in Predictive Coding Exercise Fails to Avoid Disputed Production: eDiscovery Case Law 479 270 CloudNine

In Dynamo Holdings v. Commissioner of Internal Revenue, Texas Tax Court Judge Ronald Buch ruled denied the respondent’s Motion to Compel Production of Documents Containing Certain Terms, finding that there is “no question that petitioners satisfied our Rules when they responded using predictive coding”.

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Even in Baseball, Hacking Can Get You Prison Time: eDiscovery Trends
 Even in Baseball, Hacking Can Get You Prison Time: eDiscovery Trends 373 305 CloudNine

Last June, we covered this story about the St. Louis Cardinals, one of the most successful teams in baseball over the past two decades, as under investigation by the F.B.I. and Justice Department prosecutors, accused of hacking into an internal network of my hometown team, the Houston Astros, to steal internal discussions about trades, proprietary statistics and scouting reports, among other competitive information. As a result of the investigation, the former scouting director of the Cardinals, Christopher Correa, was sentenced to nearly four years in prison Monday for hacking the Astros’ player-personnel database and email system.

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Here are the Results of the Inaugural Best of Corporate Counsel Survey: eDiscovery Trends
 Here are the Results of the Inaugural Best of Corporate Counsel Survey: eDiscovery Trends 150 150 CloudNine

Hard to believe that this is their inaugural survey of the top providers to the in-house corporate legal marketplace, but Corporate Counsel just released its first Best of Corporate Counsel results and those results include rankings in a few eDiscovery categories.

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Court Rules that Judges Can Consider Predictive Algorithms in Sentencing: eDiscovery Trends
 Court Rules that Judges Can Consider Predictive Algorithms in Sentencing: eDiscovery Trends 150 150 CloudNine

Score one for big data analytics. According to The Wall Street Journal Law Blog, the Wisconsin Supreme Court ruled last week that sentencing judges may take into account algorithms that score offenders based on their risk of committing future crimes.

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Appeals Court Upholds Defendant’s Request for eDiscovery Cost Reimbursement: eDiscovery Case Law
 Appeals Court Upholds Defendant’s Request for eDiscovery Cost Reimbursement: eDiscovery Case Law 150 150 CloudNine

In Deere & Co. v. Duroc, LLC et. al., after the defendants conceded much of the storage and hosting costs they had claimed, the Federal Circuit Court of Appeals affirmed the district court ruling to uphold cost taxation requested by the defendants, including eDiscovery costs.

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New Roles for George Socha and Randi Mayes and First Masters Conference Report: eDiscovery Trends
 New Roles for George Socha and Randi Mayes and First Masters Conference Report: eDiscovery Trends 150 150 CloudNine

Changes are in store for a couple of legal technology icons. And, here are some of the things you missed at this week’s Masters Conference.

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EU-US Privacy Shield Formally Adopted by the European Commission: eDiscovery Trends
 EU-US Privacy Shield Formally Adopted by the European Commission: eDiscovery Trends 150 150 CloudNine

As we discussed back in February, the EU-US Privacy Shield, an important new agreement governing the transfer of data between Europe and the United States, was announced on February 2. Within the same month, the European Commission released details on the new trans-Atlantic data transfer arrangement. Now, the European Commission has formally adopted the new agreement, only nine months after the old “Safe Harbor” agreement was struck down.

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