Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
Close
Enter your
text here
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.

read more
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.

read more
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.

read more
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.

read more
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!

read more
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.

read more
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.

read more
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”.

read more
Beep, Beep! Terminating Sanctions against Defendant for Spoliation Affirmed on Appeal: eDiscovery Case Law
 Beep, Beep! Terminating Sanctions against Defendant for Spoliation Affirmed on Appeal: eDiscovery Case Law 150 150 CloudNine

In Roadrunner Transportation Services, Inc. v. Tarwater, the Ninth Circuit affirmed the district court’s entry of default judgment and award of attorneys’ fees in favor of the plaintiff, ruling that the district court did not abuse its discretion by entering default judgment as a sanction for the defendant’s

read more
“Panama Papers” Hack Wasn’t an Inside Job, Says Founding Partner: eDiscovery Trends
 “Panama Papers” Hack Wasn’t an Inside Job, Says Founding Partner: eDiscovery Trends 150 150 CloudNine

It seems that everybody is talking about the huge data leak of 11.5 million documents (2.6 total TB of data – that’s right, terabytes) at Panama-based law firm Mossak Fonesca that appears to have exposed illicit offshore holdings of global political leaders and celebrities (among others), dubbed the “Panama Papers”. Now, a founding partner at the firm has indicated that the leak was not an inside job.

read more