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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What Do YOU Want for Christmas?: eDiscovery Wishes
 What Do YOU Want for Christmas?: eDiscovery Wishes 150 150 CloudNine

Last year, I discussed what I want for Christmas (from an eDiscovery standpoint anyway) and we’ll take a look at those eDiscovery Christmas wishes and see how they turned out. This year, I thought it would be fun to turn the tables and ask (again, from an eDiscovery standpoint): What Do YOU Want for Christmas?

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Appeals Court Upholds Default Judgment Sanctions for Defendant’s Multiple Discovery Violations: eDiscovery Case Law
 Appeals Court Upholds Default Judgment Sanctions for Defendant’s Multiple Discovery Violations: eDiscovery Case Law 150 150 CloudNine

In Long Bay Management Co., Inc. et. al. v. HAESE, LLC et. al., the Appeals Court of Massachusetts found that the default judge had not abused her discretion in ordering sanctions and assessing damages and ordered that the plaintiffs could submit a petition for appellate attorneys’ fees incurred in responding to the appeal.

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Court Denies Plaintiff’s Motion to Compel the Defendant to Assist with Access to its Data: eDiscovery Case Law
 Court Denies Plaintiff’s Motion to Compel the Defendant to Assist with Access to its Data: eDiscovery Case Law 150 150 CloudNine

In SFP Works, LLC v. Buffalo Armory, Michigan Chief District Judge Gerald E. Rosen, agreeing with the defendant that the plaintiff’s motion was untimely, and that Plaintiff “unreasonably declined” several options proposed by the defendant for accessing the data that was produced to it by the defendant, denied the plaintiff’s motion to compel access to operational data.

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Interview with Pete Feinberg of Consilio Regarding the Huron Legal Acquisition: eDiscovery Trends
 Interview with Pete Feinberg of Consilio Regarding the Huron Legal Acquisition: eDiscovery Trends 150 150 CloudNine

Consolidation within the eDiscovery industry continues. Last week, Consilio announced a “definitive agreement” to acquire the Huron Legal Practice of Huron Consulting Group – their third acquisition in the past four months. Yesterday, I interviewed Pete Feinberg, Senior Vice President, Products & Marketing at Consilio about the Huron Legal acquisition.

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The Sedona Conference Provides Guidance for Protection of Privileged ESI: eDiscovery Best Practices
 The Sedona Conference Provides Guidance for Protection of Privileged ESI: eDiscovery Best Practices 150 150 CloudNine

As volumes of electronically stored information (ESI) stored in the world doubles every 1.2 years, it becomes more challenging to identify the ESI that is subject to a claim of attorney-client privilege or work product protection and log and exclude that ESI from production. Federal Rule of Evidence 502 was intended to address waiver of such privilege claims and reduce the discovery costs, but many attorneys and judges don’t realize the protections the rule offers. Now, The Sedona Conference® has issued a new final commentary to “breathe some needed life” into the understanding and use of Rule 502.

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Most Firms Are More Concerned About Security Threats Than They Were Just Two Years Ago: eDiscovery Trends
 Most Firms Are More Concerned About Security Threats Than They Were Just Two Years Ago: eDiscovery Trends 150 150 CloudNine

If you’ve been paying attention to the headlines at all this year, it should come as no surprise that most firms are more concerned about security threats than they were just two years ago. But, what percentage of firms and what is their biggest security concern?

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Court Denies Plaintiff’s Request for In Camera Review of Defendants’ Privileged Emails: eDiscovery Case Law
 Court Denies Plaintiff’s Request for In Camera Review of Defendants’ Privileged Emails: eDiscovery Case Law 150 150 CloudNine

In Armouth International, Inc. v. Dollar General Corp. et. al., Tennessee Magistrate Judge Barbara D. Holmes, calling the plaintiff’s request a “fishing expedition”, denied the plaintiff’s expedited motion to compel, requesting that the defendants be required to produce emails that were either withheld or redacted based on claims of attorney-client privilege for an in camera review of the emails by the Court to confirm the privilege claims.

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Protective Orders Help Guard Against Data Breaches by Your Opponents: eDiscovery Trends
 Protective Orders Help Guard Against Data Breaches by Your Opponents: eDiscovery Trends 150 150 CloudNine

A couple of years ago Mandiant reported that 80 percent of the country’s largest law firms have been hacked. In litigation, you may have to produce your data to one of those firms representing the opposing party. Here’s how you can protect your organization.

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You Should “Categorically” Remember to Use Our Blog as a Knowledge Base: eDiscovery Trends
 You Should “Categorically” Remember to Use Our Blog as a Knowledge Base: eDiscovery Trends 150 150 CloudNine

As a daily blog that has been around for over 5 years, eDiscovery Daily has published over 1,310 posts to date. We’ve covered a lot of different categories related to eDiscovery over that time. But, do you know how to take advantage of the “Categories” feature on this blog to check them out?

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Court Grants Defendants’ Motion to Exclude Plaintiff’s Use of Spoliation Evidence: eDiscovery Case Law
 Court Grants Defendants’ Motion to Exclude Plaintiff’s Use of Spoliation Evidence: eDiscovery Case Law 150 150 CloudNine

In West v. Talton, Georgia District Judge C. Ashley Royal granted the defendants’ Motion in Limine to exclude all evidence and argument regarding spoliation, reserving its ruling on the remaining issues in the Motion in Limine.

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