Our Insights on eDiscovery

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Citing Proportionality Concerns, Court Grants Plaintiff’s Motion for Protective Order: eDiscovery Case Law
 Citing Proportionality Concerns, Court Grants Plaintiff’s Motion for Protective Order: eDiscovery Case Law 150 150 CloudNine

In Noble Roman’s, Inc. v. Hattenhauer Distrib. Co., Indiana Magistrate Judge Debra McVicker Lynch, citing proportionality concerns, granted the plaintiff’s motion for a protective order and ordered that the defendant was prohibited from obtaining the discovery sought by the defendant’s subpoenas from a major shareholder of the plaintiff.

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Join Me for a Panel Discussion Regarding Rule 34(b) Changes and Other Fun Stuff!: eDiscovery Best Practices
 Join Me for a Panel Discussion Regarding Rule 34(b) Changes and Other Fun Stuff!: eDiscovery Best Practices 150 150 CloudNine

This Thursday, I’ll be in Birmingham, Alabama and I’m excited to be participating in a roundtable discussion regarding the new Rule 34(b) changes! Here is how you can attend (and even get CLE credit) if you’re in the Birmingham area and how you can still attend via the Web if you’re remote.

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Defendant Sanctioned for Loss of Emails During Provider Switch, But No Sanction For Wiped Hard Drive: eDiscovery Case Law
 Defendant Sanctioned for Loss of Emails During Provider Switch, But No Sanction For Wiped Hard Drive: eDiscovery Case Law 150 150 CloudNine

In Core Laboratories LP v. Spectrum Tracer Services, LLC et. al., Oklahoma District Judge Vicki Miles-LaGrange granted the plaintiff’s motion for sanctions for emails that were not preserved during an email provider switch via an adverse inference instruction, but denied the plaintiff’s motion for sanctions for deleting files and for wiping the computer of one of its employees.

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Whip Me, Beat Me, Call Me Edna: eDiscovery Trends
 Whip Me, Beat Me, Call Me Edna: eDiscovery Trends 150 150 CloudNine

One of the more interesting sessions at this week’s ACEDS conference was the session EDNA Challenge Part 2, where Tania Mabrey, Craig Ball and Tom O’Connor followed up on Craig’s original challenge from seven years ago (discussed in his paper E-Discovery for Everybody: The EDna Challenge) to conduct eDiscovery in a case on a budget of only $1,000. This time, the challenge was to do so at a cost of $5,000. While that might seem like an easier challenge, data volumes have risen dramatically, so it may be even more of a challenge than it was back then. Let’s see.

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EDRM Isn’t THE WORD, It’s 300 Pages of Words (Terms): eDiscovery Best Practices
 EDRM Isn’t THE WORD, It’s 300 Pages of Words (Terms): eDiscovery Best Practices 150 150 CloudNine

As I fly back home to flooded Houston after an enjoyable and successful ACEDS conference (and try to type this while the guy in front of me insists on reclining his seat), it’s worth noting that other stuff is going on too. One notable item from this week is that EDRM released (or should I say re-released) its Glossary of Terms.

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Wednesday ACEDS Conference Sessions: eDiscovery Trends
 Wednesday ACEDS Conference Sessions: eDiscovery Trends 150 150 CloudNine

The ACEDS conference concludes today after kicking off yesterday (and conducting pre-conference seminars the day before). Let’s take a look at today’s sessions.

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Welcome to the ACEDS Conference!: eDiscovery Trends
 Welcome to the ACEDS Conference!: eDiscovery Trends 150 150 CloudNine

The ACEDS conference informally kicked off yesterday with its pre-conference seminars and I enjoyed “talking shop” (from a blogging perspective) with Rob Robinson, Robin Thompson, Ari Kaplan and Tom O’Connor (among others). Now, that the appetizer is out of the way, let’s move on to the main course!

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ACEDS Starts Today! (Sort Of): eDiscovery Trends
 ACEDS Starts Today! (Sort Of): eDiscovery Trends 150 150 CloudNine

As we noted in our “pre-game” look at the ACEDS conference, today is the first day of the conference! Well, tomorrow is actually the first day of the conference, but today ACEDS will be offering three pre-conference seminars that should enable attendees identify better ways to address their cybersecurity needs, learn blogging tips and tricks from experienced bloggers (including me) and prepare for the CEDS exam.

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Here is Your “Pre-Game” Look at The ACEDS Conference: eDiscovery Trends
 Here is Your “Pre-Game” Look at The ACEDS Conference: eDiscovery Trends 150 150 CloudNine

It’s practically here! The ACEDS conference is next week! Here is a “pre-game” (i.e., “pre-conference”) look at some of the events at next week’s conference being held at the Grand Hyatt New York (located at 109 East 42nd Street at Grand Central Terminal) from Monday, the 18th through Wednesday, the 20th.

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Well, That Didn’t Take Long! Apple v. the US Government Gears Up for Round Two: eDiscovery Trends
 Well, That Didn’t Take Long! Apple v. the US Government Gears Up for Round Two: eDiscovery Trends 150 150 CloudNine

When the FBI was able to access the iPhone used by one of the gunmen in the San Bernardino terrorist shooting, effectively ending the six week dispute between Apple and the FBI over privacy and security, we said the battle was over – for now. Apparently, “for now” was the same as “not for long”.

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