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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Changes in Federal Rules Result in Reversal of Adverse Inference Sanction: eDiscovery Case Law
 Changes in Federal Rules Result in Reversal of Adverse Inference Sanction: eDiscovery Case Law 150 150 CloudNine

In Nuvasive, Inc. v. Madsen Med. Inc., California Chief District Judge Barry Ted Moskowitz, considering new standards imposed under recently amended Federal Rule of Civil Procedure 37(e), granted the plaintiff’s motion for an order vacating the Court’s previous order granting (in part) the defendants’ Motion for Sanctions for Spoliation of Evidence.

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EDRM Participant Profile, Crystal O’Donnell: eDiscovery Trends
 EDRM Participant Profile, Crystal O’Donnell: eDiscovery Trends 150 150 CloudNine

When EDRM announced eDiscovery Daily as an Education partner back in March, EDRM agreed to publish our daily posts on the EDRM site and it has been great to publish our content via the leading standards organization for the eDiscovery market! However, another part of our agreement was for eDiscovery Daily to provide exclusive content to EDRM, including articles sharing real-life examples of organizations using EDRM resources in their own eDiscovery workflows. Our latest participant profile is available on the EDRM site and we’re looking for other organizations to share their EDRM experiences!

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Thursday LTNY 2016 Sessions: eDiscovery Trends
 Thursday LTNY 2016 Sessions: eDiscovery Trends 150 150 CloudNine

As noted yesterday and Tuesday, LegalTech® New York 2016 (LTNY) is happening this week and eDiscovery Daily is here to report about the latest eDiscovery trends being discussed at the show. This is the last day to check out the show if you’re in the New York area with a number of sessions (both paid and free) available and over 174 exhibitors providing information on their products and services.

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Wednesday LTNY 2016 Sessions: eDiscovery Trends
 Wednesday LTNY 2016 Sessions: eDiscovery Trends 150 150 CloudNine

As noted yesterday, LegalTech® New York 2016 (LTNY) is happening this week and eDiscovery Daily is here to report about the latest eDiscovery trends being discussed at the show. There’s still time to check out the show if you’re in the New York area with a number of sessions (both paid and free) available and over 174 exhibitors providing information on their products and services.

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Welcome to LegalTech New York 2016!: eDiscovery Trends
 Welcome to LegalTech New York 2016!: eDiscovery Trends 150 150 CloudNine

Today is the start of LegalTech® New York 2016 (LTNY) and, for the sixth(!) year in a row, eDiscovery Daily is here to report about the latest eDiscovery trends being discussed at the show. Over the next three days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered. If you’re in the New York area, I encourage you to check out the show – there are a number of sessions (both paid and free) available and over 174 exhibitors providing information on their products and services.

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Thanks to ACEDS and Rob Robinson, I Have a LegalTech “Travel Day” Topic to Cover: eDiscovery Trends
 Thanks to ACEDS and Rob Robinson, I Have a LegalTech “Travel Day” Topic to Cover: eDiscovery Trends 150 150 CloudNine

LegalTech® New York 2016 (LTNY) starts tomorrow! As I painfully learned a couple of years ago, travelling to LTNY can sometimes be challenging, so I’m leaving plenty of time to get there this year, which leaves me little time to write a post for today. Thankfully, the New York Metro Area chapter of ACEDS and Rob Robinson (author of the terrific Complex Discovery site) have just published a podcast about eDiscovery trends that I think you will find quite informative!

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Appeals Court Upholds Terminating Sanctions For Wipe of Cell Phone: eDiscovery Case Law
 Appeals Court Upholds Terminating Sanctions For Wipe of Cell Phone: eDiscovery Case Law 150 150 CloudNine

In Woodell v. Bernstein, et. al., the California Court of Appeals affirmed the judgment of the trial court, which imposed terminating sanctions against the plaintiff for spoliation of evidence and dismissed his lawsuit with prejudice after the plaintiff had wiped his cell phone, which was key to the case.

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For a Positive Outlook to Discovering Emails, You Need a Closed Outlook: eDiscovery Best Practices
 For a Positive Outlook to Discovering Emails, You Need a Closed Outlook: eDiscovery Best Practices 150 150 CloudNine

Does that statement seem confusing? Let me explain. Let’s call this a “tip of the day”.

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Motion to Compel Denied for Employees’ Personal Emails, Granted for Third Party Hosted Data: eDiscovery Case Law
 Motion to Compel Denied for Employees’ Personal Emails, Granted for Third Party Hosted Data: eDiscovery Case Law 150 150 CloudNine

In Matthew Enterprise, Inc. v. Chrysler Group, LLC, California Magistrate Judge Paul S. Grewal denied the defendant’s motion to compel production from personal email accounts of the plaintiff’s employees because the plaintiff did not have legal control of the emails. However, he granted the defendant’s motion to compel production from the plaintiff’s customer communications database operated by a third party vendor, noting that the plaintiff did have control of that data, having already produced data from this source.

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LegalTech Preview: Is Predictive Coding Not “Cool” Anymore?: eDiscovery Trends
 LegalTech Preview: Is Predictive Coding Not “Cool” Anymore?: eDiscovery Trends 150 150 CloudNine

Believe it or not, but LegalTech® New York 2016 (LTNY) is just one week away! eDiscovery Daily will be covering the show for the sixth year in a row. We thought we would take an advanced look at the show and make a couple of initial observations. If you’re attending the show next week, check these out!

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