Our Insights on eDiscovery

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

July 21, 2016

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.

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

July 20, 2016

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.

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

July 19, 2016

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.

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

July 18, 2016

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.

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

July 15, 2016

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.

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

July 14, 2016

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.

Court Grants Discovery on Individual Defendants’ Personal Computers and Email: eDiscovery Case Law

July 13, 2016

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.

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

July 12, 2016

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!

Today’s the Day to “Master” Your Knowledge of eDiscovery in New York City!: eDiscovery Trends

July 11, 2016

Today’s the day! If you’re in the New York City area today, join me and other legal technology experts and professionals at The Masters Conference New York City 2016 IoT, Cybersecurity and Social Media Conference for a full day of educational sessions covering a wide range of topics! It’s not too late to register and attend!

Accessing Your Former Company’s Data with a Shared Password Could Make You a Hacker: Cybersecurity Trends

July 8, 2016

According to the Ninth U.S. Circuit Court of Appeals, if you leave your company and then use a former co-worker’s credentials to access your former company’s computer systems, you could be a hacker.