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 Rules that Automatically Generated Read Receipt is Not Hearsay: eDiscovery Case Law
 Court Rules that Automatically Generated Read Receipt is Not Hearsay: eDiscovery Case Law 150 150 CloudNine

In Fox v. Leland Volunteer Fire/Rescue Dep’t Inc., North Carolina District Judge Louise W. Flanagan ruled that a Read Receipt automatically sent from the defendant’s email address to the plaintiff (when the defendant opened an email sent by the plaintiff) was not hearsay.

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Free Trojans with Your Document Production: eDiscovery Trends
 Free Trojans with Your Document Production: eDiscovery Trends 150 150 CloudNine

An Arkansas lawyer representing three Fort Smith police officers in a whistleblower case is seeking sanctions after his computer expert found malware on an external hard drive supplied in response to a discovery request, according to a story by the Northwest Arkansas Democrat Gazette.

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A New Calculator from EDRM and Other EDRM News: eDiscovery Trends
 A New Calculator from EDRM and Other EDRM News: eDiscovery Trends 150 150 CloudNine

Over a year ago, we discussed budget calculators available from the Metrics section of the EDRM web site and reviewed the four calculators available at the time. In the past couple of weeks, EDRM added a new calculator. Let’s take a look at that and also other upcoming EDRM events, including a webinar today.

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Plaintiff Awarded Sanctions and Reimbursement of Some eDiscovery Costs: eDiscovery Case Law
 Plaintiff Awarded Sanctions and Reimbursement of Some eDiscovery Costs: eDiscovery Case Law 150 150 CloudNine

In Engineered Abrasives, Inc. v. American Machine Products & Service, Inc., Illinois District Judge Sara L. Ellis awarded the plaintiff damages, attorneys’ fees and some requested costs, as well as granting the plaintiff’s motion for sanctions and ordering the defendants to reimburse the plaintiff $12,800 for the cost of conducting a forensic computer examination, which the plaintiff maintained was necessitated by Defendants’ evasive and incomplete responses and their failure to produce documents during discovery.

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Cyber Liability Insurance Policies are Becoming More Popular for Law Firms: eDiscovery Trends
 Cyber Liability Insurance Policies are Becoming More Popular for Law Firms: eDiscovery Trends 150 150 CloudNine

Last Friday, we discussed a report in The New York Times that discussed the unwillingness of most big US law firms to discuss or even acknowledge data breaches. But, despite the unwillingness to disclose breach information, more and more law firms are apparently purchasing or considering the purchase of cyber liability insurance to protect against potential data breaches.

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Has the Law Firm Holding Your Data Ever Suffered a Breach? You May Never Know.: eDiscovery Trends
 Has the Law Firm Holding Your Data Ever Suffered a Breach? You May Never Know.: eDiscovery Trends 150 150 CloudNine

In February, we discussed a report about data breach trends in 2014 and how those trends compared to data breaches in 2013. That report provided breach trends for several industries, including the healthcare industry, which suffered the most breaches last year (possibly because stolen health records are apparently worth big money). But, according to a recent report, you won’t see any trends for law firms because the legal profession almost never publicly discloses a breach.

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Ten Years Later, The Impact of the Zubulake Case is Still Huge: eDiscovery History
 Ten Years Later, The Impact of the Zubulake Case is Still Huge: eDiscovery History 150 150 CloudNine

It’s hard to believe, but ten years ago this past Monday, the verdict was rendered in the Zubulake v. UBS Warburg LLC case. Let’s take a look back at the case and see what Laura Zubulake is doing today.

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Managing Email Signature Logos During Review: eDiscovery Best Practices
 Managing Email Signature Logos During Review: eDiscovery Best Practices 150 150 CloudNine

Yesterday, we discussed how corporate logo graphic files in email signatures can add complexity when managing those emails in eDiscovery, as these logos, repeated over and over again, can add up to a significant percentage of your collection on a file count basis. Today, we are going to discuss a couple of ways that I have worked with clients to manage those files during the review process.

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Email Signature Logos are a Sign That Discovery Will be More Complicated: eDiscovery Best Practices
 Email Signature Logos are a Sign That Discovery Will be More Complicated: eDiscovery Best Practices 150 150 CloudNine

Many, if not most of us, use some sort of graphic in our email signature at work that represents our corporate logo and many organizations have created a standard email signature for their employees to use when corresponding with others. It’s another subtle way of promoting brand recognition. But, those logos can add complexity when managing those emails in eDiscovery.

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Defendant Does Not Take the Fall for Spoliation in Slip and Fall Case: eDiscovery Case Law
 Defendant Does Not Take the Fall for Spoliation in Slip and Fall Case: eDiscovery Case Law 150 150 CloudNine

In Harrell v. Pathmark et al., Pennsylvania District Judge Gene E. K. Pratter, after a hearing to consider whether to draw an adverse inverse instruction due to the defendant’s possible spoliation of video evidence, determined that “a spoliation inference would not be appropriate here”. Finding that the plaintiff had presented no evidence that the defendant had constructive notice of a dangerous condition resulting in her slip and fall, Judge Pratter also granted the defendant’s motion for summary judgment.

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