Our Insights on eDiscovery

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Yes, It’s Another Story About Coronavirus: eDiscovery and World Trends
 Yes, It’s Another Story About Coronavirus: eDiscovery and World Trends 532 374 CloudNine

If you’re not sick from COVID-19 (aka, the Coronavirus), you’re probably sick of hearing about COVID-19. Hopefully, the latter group will indefinitely continue to be much larger than the former group. Regardless, I won’t bore you with what you already know about COVID-19 and how it has disrupted (and will continue to disrupt) our way of life (well, I won’t bore you much anyway). But, since this is an eDiscovery blog, let’s talk about how it is already starting to impact our industry. And, we’ll also talk about what CloudNine is doing about it.

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The Ongoing Battle Over How ESI is Produced: eDiscovery Trends, Part Four
 The Ongoing Battle Over How ESI is Produced: eDiscovery Trends, Part Four 512 383 CloudNine

Here are some conclusions regarding the ongoing battle over production of ESI, with links to case law on the topic and a link to the foremost resource on the topic for more information.

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The Ongoing Battle Over How ESI is Produced: eDiscovery Trends, Part Three
 The Ongoing Battle Over How ESI is Produced: eDiscovery Trends, Part Three 512 383 CloudNine

So, what are the objections most commonly raised by producing parties? Let’s discuss several standard objections and some counter arguments to those objections.

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Court Denies Southwest Airlines’ Motion for Rule 11 Sanctions Against Plaintiff: eDiscovery Case Law
 Court Denies Southwest Airlines’ Motion for Rule 11 Sanctions Against Plaintiff: eDiscovery Case Law 479 270 CloudNine

In Houston v. Southwest Airlines, Texas Magistrate Judge Rebecca Rutherford “decline[d] to impose sanctions under either Rule 11 or its inherent powers” against the plaintiff for statements she made regarding her response to the defendant’s interrogatories and requests for admission in her summary judgment response.

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The Ongoing Battle Over How ESI is Produced: eDiscovery Trends, Part Two
 The Ongoing Battle Over How ESI is Produced: eDiscovery Trends, Part Two 512 383 CloudNine

As I’ve said before, “read the rule book shankapotomous.” So, let’s look at exactly what the rules say about this issue. Here’s what Federal Rules of Civil Procedure (FRCP) Rule 34, section (b) says.

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The Ongoing Battle Over How ESI is Produced: eDiscovery Trends
 The Ongoing Battle Over How ESI is Produced: eDiscovery Trends 512 383 CloudNine

Legal disputes in the civil arena typically succeed or fail these days as a result of the practice of eDiscovery. FRCP Rule 26(f), which provides for a conference of the parties and planning for discovery. This conference was designed to speed up the discovery process but more and more it has become bogged down with disputes over one particular section in that rule, (3)(C), which states that the plan shall contain “any issues about disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced;”. In this series, we will take a look at the battles that parties have over forms of production.

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Court Grants Plaintiff’s Motion to Compel Discovery in Loan Dispute: eDiscovery Case Law
 Court Grants Plaintiff’s Motion to Compel Discovery in Loan Dispute: eDiscovery Case Law 479 270 CloudNine

In Grande v. U.S. Bank Nat’l Ass’n, Washington District Judge Marsha J. Pechman granted the plaintiffs’ motion to compel discovery, finding the policies requested were “relevant under the broad civil discovery standard” and that the defendants “ha[d] not demonstrated that the policies are confidential, proprietary, or trade secrets”. Judge Pechman also granted the plaintiffs’ request for attorney’s fees in bringing the motion.

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Two Out of Three Companies Haven’t Reviewed Their Breach Preparedness Plans: Cybersecurity Trends
 Two Out of Three Companies Haven’t Reviewed Their Breach Preparedness Plans: Cybersecurity Trends 436 281 CloudNine

The singer Meat Loaf (real name Marvin Lee Aday) had a song once called Two Out of Three Ain’t Bad. Well, in this case, it is. According to a new study, many companies haven’t updated their data breach plans since developing them, report a lack of adequate employee training on data protection, and still haven’t figured out how to guard cloud services and mobile devices.

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EDRM Announces Five New Projects: eDiscovery Best Practices
 EDRM Announces Five New Projects: eDiscovery Best Practices 255 76 CloudNine

Did anybody doubt that EDRM under the leadership of Mary Mack and Kaylee Walstad was going to be doing BIG things? If you did doubt it, here’s an announcement that signals that EDRM will be busy creating and improving frameworks, resources and standards within the eDiscovery community.

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Top Ten Tips for Working with eDiscovery: eDiscovery Best Practices
 Top Ten Tips for Working with eDiscovery: eDiscovery Best Practices 337 341 CloudNine

I stumbled across a post in our blog that Tom O’Connor did over a year ago to conclude his series titled Will Lawyers Ever Embrace Technology? As usual, Tom did a great job and, in this post, he offered his top ten tips for working with eDiscovery. Tom provided a top ten list terrific enough to make David Letterman proud, but I thought the list could use some additions – in the form of links to resources for the items. Here goes!

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