Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.

Failure to Preserve Cloud-Based Data Results in Severe Sanction for Defendant – eDiscovery Case Law

In Brown v. Tellermate Holdings, Magistrate Judge Terence Kemp granted plaintiffs’ motion for judgment and motion to strike, ruling that the defendant could not “present or rely upon evidence that it terminated the Browns’ employment for performance-related reasons” and enabling the plaintiffs to use documents produced by the defendant “designated as attorneys’-eyes-only” to be used by the plaintiffs “without restriction”, due to the defendant’s failure to preserve or produce data from their Salesforce.com database.

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Transparency Reports for Other Companies – Social Tech eDiscovery

Over the past couple of weeks, we’ve taken a fresh look at Twitter’s Law Enforcement Policies and their latest Transparency Report to show government requests for data, looked at (for the first time) LinkedIn’s Privacy and Law Enforcement Data Request Guidelines and Transparency Report and, yesterday, looked at Facebook’s policies and Government Request Reports. Today, we will look at Transparency Reports for other companies.

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Facebook’s Policies and Government Request Reports – Social Tech eDiscovery

Two weeks ago, we took a fresh look at Twitter’s Law Enforcement Policies and their latest Transparency Report to show government requests for data, then last week (for the first time), we looked at LinkedIn’s Privacy and Law Enforcement Data Request Guidelines and Transparency Report. This week, we’ll take a look at Facebook’s policies and Government Request Reports.

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Court Denies Sanctions for Deletion of “Smoking Gun” Email, Grants Defendants’ Motion for Summary Judgment – eDiscovery Case Law

In the case In re Text Messaging Antitrust Litig., Illinois District Judge Matthew F. Kennelly not only denied the plaintiffs’ request for an adverse inference sanction against the defendants for destroying emails, but also granted the defendants’ motion for summary judgment, as the plaintiffs failed to provide any supporting circumstantial evidence to meet their burden of proof.

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eDiscovery History: Welcome to Throw-back Thursdays!

I was recently teaching a project management class at a large law firm, and a student mentioned that he was working on a case that involved a very old document collection, some of which only existed on microfiche. He asked me for advice on managing the conversion of those documents and incorporating them into his bigger-picture project.

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