Our Insights on eDiscovery

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If Google and Oracle are Going to Mine for Jurors’ Social Media Info, They Have to Inform the Court: eDiscovery Trends
 If Google and Oracle are Going to Mine for Jurors’ Social Media Info, They Have to Inform the Court: eDiscovery Trends 150 150 CloudNine

When the big guys sue each other, the cases last forever. We’ve been covering developments in the Apple v. Samsung case since July 2012, and that case is still going on. Another case that we’ve covered a long time ago (way back in November 2011) is Oracle Corp. v. Google Inc. and that case is still going on too. In that case, with a trial approaching, the judge has told lawyers to disclose Internet and social media research about jurors to the court or agree not to conduct it.

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Here are Some Questions to Ask When Selecting an eDiscovery Vendor: eDiscovery Best Practices
 Here are Some Questions to Ask When Selecting an eDiscovery Vendor: eDiscovery Best Practices 150 150 CloudNine

Let’s face it, there are a lot of eDiscovery vendors out there. But, how do you find out which vendor is right for you? Ask a lot of questions, of course! Here is an article that provides several good ones to ask.

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Breaking News: The BIG Battle between Apple and the FBI is Over – For Now: eDiscovery Trends
 Breaking News: The BIG Battle between Apple and the FBI is Over – For Now: eDiscovery Trends 150 150 CloudNine

Last week, we reported that the FBI said that it might no longer need Apple’s assistance in opening an iPhone used by a gunman in the San Bernardino, Calif., rampage last year. Looks like that was the case.

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The Judge in the Most Famous eDiscovery Case is Retiring: eDiscovery Trends
 The Judge in the Most Famous eDiscovery Case is Retiring: eDiscovery Trends 150 150 CloudNine

If you follow eDiscovery, you probably have heard of the Zubulake case, which is probably the most famous case in eDiscovery. The judge from that case — Shira A. Scheindlin of the U.S. District Court for the Southern District of New York – is retiring effective April 29.

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Plaintiff Granted Documents Withheld Due to Privilege, But Denied Expanded Search of Emails: eDiscovery Case Law
 Plaintiff Granted Documents Withheld Due to Privilege, But Denied Expanded Search of Emails: eDiscovery Case Law 150 150 CloudNine

In Moore v. Lowe’s Home Ctrs., LLC, Washington District Judge Robert J. Bryan ruled in favor of the plaintiff that documents and communications dated before the defendant anticipated litigation were not privileged work product and should be produced, but he ruled against the plaintiff in her request have the defendant perform additional searches on email to identify additional relevant documents.

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FBI May Be Able to Unlock Terrorist’s iPhone without Apple’s Help: eDiscovery Trends
 FBI May Be Able to Unlock Terrorist’s iPhone without Apple’s Help: eDiscovery Trends 150 150 CloudNine

In court on Monday, the FBI said that it might no longer need Apple’s assistance in opening an iPhone used by a gunman in the San Bernardino, Calif., rampage last year.

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Defendants Claim of Lightning Strike and Power Surge Doesn’t Save Them from Sanctions: eDiscovery Case Law
 Defendants Claim of Lightning Strike and Power Surge Doesn’t Save Them from Sanctions: eDiscovery Case Law 150 150 CloudNine

In InternMatch, Inc. v. Nxtbigthing, LLC, et. al., California District Judge Jon S. Tigar, finding that the defendants “consciously disregarded their obligations to preserve relevant evidence” when they discarded various electronic devices after experiencing an alleged power surge without checking to see if they could recover any files from them, granting an adverse inference instruction sanction and plaintiff’s attorneys’ fees.

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eDiscovery Daily Is Sixty Six! (Months Old, That Is)
 eDiscovery Daily Is Sixty Six! (Months Old, That Is) 150 150 CloudNine

Let’s get our kicks on Route 66! Sixty six months ago yesterday, eDiscovery Daily was launched. It’s hard to believe that it has been 5 1/2 years since our first three posts debuted on our first day, September 20, 2010. Twice a year, we like to take a look back at some of the important stories and topics during that time. So, here are just a few of the posts over the last six months you may have missed. Enjoy!

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Craig Ball’s “Alexa-lent” Example of How the Internet of Things is Affecting Our Lives: eDiscovery Trends
 Craig Ball’s “Alexa-lent” Example of How the Internet of Things is Affecting Our Lives: eDiscovery Trends 150 150 CloudNine

I probably shouldn’t be writing about this as it will give my wife Paige another reason to say that we should get one of these. Nonetheless, Craig Ball’s latest blog post illustrates how much data can be, and is being, captured these days in our everyday life. Now, if we could just get to that data when we need it for legal purposes.

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Court Rules Plaintiff’s Duty to Preserve Did Not Extend to Employee’s Internet History: eDiscovery Case Law
 Court Rules Plaintiff’s Duty to Preserve Did Not Extend to Employee’s Internet History: eDiscovery Case Law 150 150 CloudNine

In Marten Transport, Ltd. V. Plattform Advertising, Inc., Kansas Magistrate Judge Teresa J. James denied the defendant’s Motion for Spoliation Sanctions, ruling that, although the plaintiff had a duty to preserve relevant ESI as of Fall 2013, that duty to preserve did not extend to the internet history of one of its employees until June 2015, and by then the internet history was lost.

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