Those Pesky Email Signatures and Disclaimers – eDiscovery Best Practices
Are email signatures and disclaimers causing more trouble than they’re worth? According to one author, perhaps they are.
read moreText Overlays on Image-Only PDF Files Can Be Problematic – eDiscovery Best Practices
Recently, we at CloudNine Discovery received a set of Adobe PDF files from a client that raised an issue regarding the handling of those files for searching and reviewing purposes. The issue serves as a cautionary tale for those working with image-only PDFs in their document collection. Here’s a recap of the issue.
read moreOctober Case Law Pop Quiz Answers! – eDiscovery Case Law
Yesterday, we gave you a pop quiz for the eDiscovery case law that we’ve covered since the beginning of August. If you’re reading the blog each day, these questions should be easy! Let’s see how you did. Here are the answers.
read moreOctober Case Law Pop Quiz! – eDiscovery Case Law
We enjoyed the eDiscovery case law pop quiz that we did back in August so much, that we decided it’s time for another one – this one is customized to the case law that we’ve covered since the beginning of August. If you’re reading the blog each day, these questions should be easy! If not, we’ve provided a link to the post with the answer. We’re that nice. Test your knowledge! Tomorrow, we’ll post the answers for those who don’t know and didn’t look them up.
read moreBattle Continues between Attorneys and Client over Attorneys’ Failure to Review Documents – eDiscovery Case Law
In Price Waicukauski & Riley v. Murray, Indiana District Judge William T. Lawrence granted the plaintiff’s request for summary judgment for failure to pay attorney’s fees of over $125,000, and refused to issue summary judgment for either party related to a legal malpractice claim for the plaintiff’s admitted failure to review documents produced in the defendants’ case against another party because of a factual dispute regarding the plaintiff’s knowledge of the documents produced.
read moreIf You Have a Flashlight App on Your Phone, You Need to Read This – Mobile eDiscovery
Yesterday, we discussed a case where a company faced a recommended severe default judgment sanction, in part because of the company’s failure to preserve data on “bring your own device” (BYOD) personal smart phones used by employees for work purposes. This is merely one challenge associated with BYOD policies in organizations. Another is the greater potential for spyware to capture data through installed apps. Here is one reported example.
read moreFailure to Preserve Data on Various Devices Causes Special Master to Recommend Default Judgment – eDiscovery Case Law
In Small v. University Medical Center of Southern Nevada, Special Master Daniel B. Garrie, calling the defendant’s widespread failure to preserve data a “mockery of the orderly administration of justice”, recommended that the court enter an order of default judgment, along with further sanctions, in favor of the plaintiffs.
read moreMicrosoft Acquires Equivio (Reportedly) and Everyone Speculates what that Means for eDiscovery – eDiscovery Trends
The acquisitions just keep coming. The Wall Street Journal reported on October 7 that Microsoft has signed a letter of intent to acquire Israeli text-analysis vendor, Equivio. The Journal said Microsoft may pay $200 million for the startup, though Bloomberg’s report on the same day stated “Microsoft will pay materially less than that, the person with knowledge of the matter said”. So, what does it mean for the eDiscovery industry?
read moreCourt Rules that Joint Stipulation Supports Plaintiff’s Production of Images Instead of Native Files – eDiscovery Case Law
In Melian Labs, Inc. v. Triology LLC, California Magistrate Judge Kandis A. Westmore denied the plaintiff’s motion to compel discovery in native form because the production format had been agreed upon under the parties’ ESI protocol under the Joint Rule 26(f) Report filed by the parties that supported production in “paper, PDF, or TIFF format”.
read moreTwitter Sues for the Right to be More Transparent – Social Tech eDiscovery
Back in July, we took a look at Twitter’s Transparency Report to show government requests for data over the last six months of 2013 (we had previously looked at their very first report here). However, because Twitter is barred by law from disclosing certain details on government surveillance requests, the Transparency Report is not as transparent as Twitter would like. So, on Tuesday, Twitter filed suit against the FBI and the Justice Department, seeking the ability to release more detailed information on government surveillance of Twitter users.
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