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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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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Here Are Other Team Members that a Winning Team Needs: eDiscovery Best Practices
 Here Are Other Team Members that a Winning Team Needs: eDiscovery Best Practices 150 150 CloudNine

When beginning a new eDiscovery project, a good place so start is to estimate the various tasks that will need to be performed and identify the type of personnel that will be needed. It is also important as the project progresses to revisit the project tasks and assignments to determine whether additional personnel are needed or if you can cut back. Yesterday, we began discussing the types of roles that could be associated with a typical eDiscovery project, here are some other roles,

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A Winning Team Needs Several Types of Team Members: eDiscovery Best Practices
 A Winning Team Needs Several Types of Team Members: eDiscovery Best Practices 150 150 CloudNine

When beginning a new eDiscovery project, a good place so start is to estimate the various tasks that will need to be performed and identify the type of personnel that will be needed. It is also important as the project progresses to revisit the project tasks and assignments to determine whether additional personnel are needed or if you can cut back. Here are the types of roles that could be associated with a typical eDiscovery project.

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Oh, Thank Heaven! Court Orders 7-Eleven to Produce Metadata: eDiscovery Case Law
 Oh, Thank Heaven! Court Orders 7-Eleven to Produce Metadata: eDiscovery Case Law 150 150 CloudNine

In Younes, et al. v. 7-Eleven, Inc., New Jersey Magistrate Judge Joel Schneider granted the plaintiffs’ motions to compel the production of metadata for selected groups of documents, denying the defendant’s cross-motions to bar the production of metadata.

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Ten Years Later, EDRM is Still Going Strong: eDiscovery Best Practices
 Ten Years Later, EDRM is Still Going Strong: eDiscovery Best Practices 150 150 CloudNine

It’s hard to believe, but ten years ago this month the leading standards organization for the eDiscovery market was launched. Launched in May 2005, the Electronic Discovery Reference Model (now simply known as EDRM) was created to address the lack of standards and guidelines in the electronic discovery market. This week, EDRM moved into its second decade with its annual Spring Workshop in St. Paul, MN.

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For Better Document Review, You Need to Approach a ZEN State: eDiscovery Best Practices
 For Better Document Review, You Need to Approach a ZEN State: eDiscovery Best Practices 150 150 CloudNine

Among the many definitions of the word “zen”, the Urban Dictionary provides perhaps the most appropriate (non-religious) definition of the word, as follows: a total state of focus that incorporates a total togetherness of body and mind. However, when it comes to document review, a new web site by eDiscovery thought leader Ralph Losey may change your way of thinking about the word “ZEN”.

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Appeals Court Upholds “Death Penalty Order” Sanction That Leads to Multi-Million Dollar Judgment: eDiscovery Case Law
 Appeals Court Upholds “Death Penalty Order” Sanction That Leads to Multi-Million Dollar Judgment: eDiscovery Case Law 150 150 CloudNine

In Crews v. Avco Corp., a Washington Court of Appeals upheld a “death penalty order” against the defendant for discovery violations, including the failure to produce relevant information, but remanded for amendment of the final judgment of over $17.28 million to reflect any offsets for settlements with other defendants.

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Even When You Win in the Playoffs, You Should Still Think Before You Hit Send: eDiscovery Trends
 Even When You Win in the Playoffs, You Should Still Think Before You Hit Send: eDiscovery Trends 150 150 CloudNine

Since social media has become a big part of discovery, we like to good social media disaster story every once in a while. The latest example is the (now former) social media manager of my hometown Houston Rockets basketball team, who lost his job over an offensive tweet.

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