ICYMI Weekly Summary Newsletter for the Week Ending October 10, 2015
Here are your ICYMI (In Case You Missed It) weekly summaries of the posts for this week (with links to the full post on our blog site) for you to check out.
read moreDefendant Ordered to Produce Emails Between Non-Attorney Employees That Were Deemed Privileged: eDiscovery Case Law
In Cicon v. State Farm Mutual Auto Ins. Co., Pennsylvania District Judge Richard P. Conaboy denied the plaintiff’s request for the defendant to produce attorney-client communications that occurred before the filing of the complaint, but granted his request regarding communications between non-attorney employees before the plaintiff’s counsel sent a letter threatening litigation, ordering the defendant to produce those emails, while allowing the defendant to redact explicit discussion of an attorney’s advice.
read moreEurope’s Highest Court Strikes Down 15 Year Old Safe Harbor Agreement: eDiscovery Trends
International eDiscovery just became more difficult. A 27-year-old Austrian law graduate may have brought an end to a 15 year old agreement enabling transatlantic data transfers between the U.S. and European Union because of – wait for it – privacy concerns.
read moreSamsung Doesn’t Have to Write a Check After All…Yet: eDiscovery Case Law
A couple of weeks ago, we revisited the Apple v. Samsung case, which we covered so much last year, it had its own category in our annual case law review. On September 18, U.S. District Court Judge Lucy Koh granted Apple’s motion for partial final judgment in the case that Apple lodged against Samsung in 2011, seemingly clearing the way for Apple to collect $548 million in damages from Samsung. But, on Friday, Samsung received an emergency stay on that order.
read moreEDRM Has a Twist on its Fall Workshop (and a Webinar Today!): eDiscovery Trends
Around this time of year, EDRM members (like me) expect to convene for our semi-annual visit to St. Paul for the mid-year meeting. This year, EDRM has a twist on the mid-year meeting, which they’re now calling the “fall workshop”. There’s also a webinar today!
read moreRedactions Aren’t Always as Straightforward as You Think: eDiscovery Best Practices
On the surface, it may seem easy enough to redact a document during eDiscovery review to obscure confidential or privileged information. You may think that all you need to do is draw a black box over the affected text, but there’s actually a lot more to consider in order to ensure that you don’t inadvertently produce information that was intended to be redacted. Here are a some redaction failures and how to avoid them.
read moreDefendant Compelled to Restore and Produce Emails from Backup Tapes: eDiscovery Case Law
In United States ex rel Guardiola v. Renown Health, Nevada Magistrate Judge Valerie P. Cooke concluded that emails contained on backup tapes held by the defendants was not reasonably inaccessible due to undue cost and, even if the emails were reasonably inaccessible due to undue burden or undue cost, “good cause supports their discoverability”. Also, after an analysis of cost-shifting factors found only one factor favored cost-shifting of the production of emails to the relator, Judge Cooke ordered the defendant to bear the cost of restoration and production.
read moreWhen a Text File Doesn’t Match the Image or Native Excel File, What Do You Do?: eDiscovery Best Practices
Even when you’ve been in the business for 25+ years, you sometimes encounter situations you can’t explain (at least initially). Here is a story about a document that I encountered yesterday that initially didn’t make sense to me. Thankfully, I’m extremely curious and ultimately figured it out (with some help). See if it will be obvious to you.
read moreThis Study Says Two-Thirds of Law Firms Still Have No Staff Devoted to Information Security: eDiscovery Trends
Not surprisingly, a major “hot” topic at ILTACON earlier this month was cybersecurity. Stories about data hacks are abundant and you may not even know if the law firm holding your data has ever suffered a breach. A new study, introduced at ILTACON earlier this month, aims to shed light on security assessment practices of legal organizations in North America.
read moreDespite Failure to Implement a Litigation Hold, Defendant Escapes Sanctions: eDiscovery Case Law
In Flanders v. Dzugan et. al., despite the fact that the defendant failed to implement a litigation hold, Pennsylvania District Judge Nora Barry Fischer denied the plaintiff’s Motion for Sanctions alleging the defendants failed to preserve evidence relevant to the case, finding that the plaintiff “cannot show any evidence was actually lost or destroyed”, “cannot show that if evidence was lost or destroyed, it would have been beneficial to his case” and “[n]or can Plaintiff show bad faith”.
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