Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.

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

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

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

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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Is Information Governance “Too Important to Be Left to Humans”?: eDiscovery Trends

According to a recent report by AIIM, there are “huge volumes of content in most organizations that are not under any form of information governance (IG), retention management, or eDiscovery”. In their new report (Information Governance: too important to be left to humans), AIIM takes an in-depth look at the scale of IG issues, the drivers to bring it under control, the effectiveness of automated classification, and the impact on risks and costs.

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“We Don’t Need No Stinking Badges” – On Facebook: eDiscovery Case Law

If you’re near my age and love movies, you probably love the classic Mel Brooks comedy Blazing Saddles. My favorite quote from that movie is when the bandido says “Badges? We don’t need no stinking badges!”* Apparently, there’s a new trend where people post pictures of their employee badges on social media. Guess what that leads to? Hacker access into their employer’s facilities.

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