Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
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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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Court Grants Discovery on Individual Defendants’ Personal Computers and Email: eDiscovery Case Law
 Court Grants Discovery on Individual Defendants’ Personal Computers and Email: eDiscovery Case Law 150 150 CloudNine

In Sunderland v. Suffolk County et. al., New York Magistrate Judge A. Kathleen Tomlinson, determining that the plaintiff’s request for individual defendants to search for and produce certain documents from their personal computers and email accounts was not “unduly intrusive or burdensome” because the request was limited in time frame and the parties had agreed to search terms, granted the plaintiff’s motion to compel.

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Once Again, It’s Time to Recognize Your Favorite Law Blog!: eDiscovery Trends
 Once Again, It’s Time to Recognize Your Favorite Law Blog!: eDiscovery Trends 150 150 CloudNine

ABA Journal is working on their 10th annual list of the 100 best legal blogs, and, once again, they would like your advice on which blogs you think they should include. If you have a favorite law blog (or “blawg”, get it?), now is the time to nominate it for recognition in the ABA Journal Annual Blawg 100!

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