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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Is Skype a Telecom Company or a Software Company? The Answer Determines Whether They Have to Turn Over Call Records: eDiscovery Trends
 Is Skype a Telecom Company or a Software Company? The Answer Determines Whether They Have to Turn Over Call Records: eDiscovery Trends 150 150 CloudNine

Many of us have used Skype to communicate with friends or business colleagues (or maybe both). Can Skype be compelled to turn over those call records? Not if they can help it.

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Defendant Compelled to Produce Employees’ Personal Data in EEOC Dispute: eDiscovery Case Law
 Defendant Compelled to Produce Employees’ Personal Data in EEOC Dispute: eDiscovery Case Law 150 150 CloudNine

In EEOC v. DolgenCorp LLC d/b/a Dollar General, Illinois District Judge Andrea R. Wood granted the plaintiff’s motion to compel the defendant to produce electronically-stored information (“ESI”) containing personal information of the defendant’s conditional hires and complete versions of documents that the defendant previously produced with portions redacted due to purported lack of relevance. She also ordered the plaintiff to produce documents previously withheld due to privilege for an in camera review.

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For a Successful Outcome to Your Discovery Project, Work Backwards: eDiscovery Best Practices
 For a Successful Outcome to Your Discovery Project, Work Backwards: eDiscovery Best Practices 150 150 CloudNine

While the Electronic Discovery Reference Model from EDRM has become the standard model for the workflow of the process for handling electronically stored information (ESI) in discovery, it might be helpful to think about the EDRM model backwards, whether you’re the producing party or the receiving party.

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Court Untangles Form of Production Dispute with Curling Iron Manufacturer: eDiscovery Case Law
 Court Untangles Form of Production Dispute with Curling Iron Manufacturer: eDiscovery Case Law 150 150 CloudNine

In Wilson v. Conair Corp., California Magistrate Judge Stanley A. Boone granted in part the plaintiff’s motion to compel production, by requiring the defendant to produce further ESI in native format if feasible or TIFF format with the associated metadata, as well as to produce associated metadata for its prior production if it had not already done so.

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Norton Rose Fulbright’s Latest Survey Shows Majority of Companies use TAR, Collect from Mobile Devices: eDiscovery Trends
 Norton Rose Fulbright’s Latest Survey Shows Majority of Companies use TAR, Collect from Mobile Devices: eDiscovery Trends 150 150 CloudNine

According to Norton Rose Fulbright’s Litigation Trends Annual Survey for 2015 released last week, companies in the United States continue to deal with, and spend more on litigation. From an eDiscovery standpoint, the survey showed that more than half of respondents preserve and collect data from employee mobile devices and use technology assisted review, and a clear majority of respondents still rely on self-preservation to fulfill preservation obligations for at least some cases.

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Tired of the “Crap”, Court Sanctions Investors and Lawyers for Several Instances of Spoliation: eDiscovery Case Law
 Tired of the “Crap”, Court Sanctions Investors and Lawyers for Several Instances of Spoliation: eDiscovery Case Law 150 150 CloudNine

In Clear-View Technologies, Inc., v. Rasnick et al, California Magistrate Judge Paul S. Grewal sanctioned the defendants $212,320 and also granted a permissive adverse jury instruction that allows the presumption that the defendants’ spoliated documents due to a series of “transgressions” by the defendants and their prior counsel.

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Here’s Some Useful Criteria for Evaluating Information Governance Vendors: eDiscovery Best Practices
 Here’s Some Useful Criteria for Evaluating Information Governance Vendors: eDiscovery Best Practices 150 150 CloudNine

Rob Robinson’s excellent Complex Discovery blog has been a terrific resource for eDiscovery information for several years now, covering everything from a “mashup” of eDiscovery market estimates to mergers, acquisitions and investments in the eDiscovery industry. His article from last week provides some useful information to organizations looking to select the right information governance vendor for their needs.

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Court Rejects Defendants Motion Seeking Limitless Access to Plaintiff’s Facebook Account: eDiscovery Case Law
 Court Rejects Defendants Motion Seeking Limitless Access to Plaintiff’s Facebook Account: eDiscovery Case Law 150 150 CloudNine

In the class action In re Milo’s Kitchen Dog Treats Consolidated Cases, Pennsylvania Magistrate Judge Maureen P. Kelly denied the defendants’ Motion to Compel Unredacted Facebook Data File and Production of Username and Password, disagreeing that the discovery of one highly relevant Facebook entry justified the defendants to be “somehow entitled to limitless access to her Facebook account”. Judge Kelly did order the plaintiff to produce previously produced redacted Facebook pages to the Court unredacted so that an in camera inspection could be conducted to confirm that the redacted information was truly privileged.

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Are You as “E-Savvy” as You Need to Be in Your “E-Disclosure” Process?: eDiscovery Best Practices
 Are You as “E-Savvy” as You Need to Be in Your “E-Disclosure” Process?: eDiscovery Best Practices 150 150 CloudNine

Craig Ball’s Ball in Your Court blog is always an excellent read, even when he writes it “across the pond” over in London. His latest post discusses how “fighting the last war” will eventually cost you when you come across an “e-savvy” opponent.

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Law Departments and Law Firms Getting Smarter About Data Privacy and Security, According to Huron Legal: eDiscovery Trends
 Law Departments and Law Firms Getting Smarter About Data Privacy and Security, According to Huron Legal: eDiscovery Trends 150 150 CloudNine

How are recent trends related to data privacy and security affecting the legal industry? Though one recent report was critical of law firms for failing to disclose data breaches, according to a new Q&A from Huron Legal, law departments, and law firms are getting smarter about addressing data privacy and security issues.

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