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.
read moreYesterday, 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.
read moreMany, 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.
read moreIn 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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If the title seems odd, let me clarify. I’m talking about “fuzzy” searching, which is a mechanism by finding alternate words that are close in spelling to the word you’re looking for. Fuzzy searching will expand your search recall, but too much “fuzzy” will leave you reviewing a lot of non-responsive hits.
read moreEarly in the life of this blog, we published a blog post called eDiscovery 101: Simply Deleting a File Doesn’t Mean It’s Gone to try to help our readers understand how disk drives keep track of files and how “deleted” files often can still be recovered. Something tells me that basic forensic concept will become a big issue in the coming weeks and months regarding Hillary Clinton’s deleted emails.
read moreLast month, we discussed how the number of data breaches was up in 2014, but the number of records breached was down. Of course, this year already got off to a rocky start when health insurance provider Anthem announced in early February that it had suffered what appears to be the largest breach ever in the health insurance industry, affecting about 80 million people. It turns out that those hacked health records are worth a lot in the black market.
read moreIn Colosi v. Jones Lang LaSalle Americas, Inc., the Sixth Circuit Court of Appeals affirmed the District Court’s judgment to approve a $6,369.55 bill of costs which included synchronization of deposition videos and imaging of hard drives that the defendant submitted after prevailing in the case.
read moreIn Lunkenheimer Co. v. Tyco Flow Control Pacific Party Ltd., Ohio District Judge Timothy S. Black ruled that the duty to preserve for the defendant (an Australian company with offices and facilities only in Australia) did not begin until the complaint was filed in US courts in December 2011, denying the assertion of the intervenor/counter defendant that the duty to preserve arose in 2002.
read moreIt may not be game time, but the question of what time it really is has a significant effect on how eDiscovery is handled.
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