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.
read moreIf 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.
read moreIn 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.
read moreIn 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.
read moreIn 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.
read moreLet’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!
read moreI 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.
read moreIn 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.
read moreThe troubles for Volkswagen continue into the electronic discovery arena. According to the Courthouse News Service, an ex-employee of the company has filed suit, claiming that he was fired for refusing to take part in an alleged three-day purge of documents related to the automaker’s emissions-cheating scandal known as “Dieselgate”.
read moreAs the volume of data in the world doubles as frequently as every 1.2 years, the challenges to manage that data in discovery compound significantly as well. With review being the biggest component of the discovery process – as much as 80% of the cost of eDiscovery – review attorneys have become a significant participant in that review process (even in some cases where technology assisted review may be used). That doesn’t mean that review attorneys get the respect that they may deserve.
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