Our Insights on eDiscovery

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Use of a Bulk File Changer to Manipulate Metadata Leads to Sanctions for Defendant – eDiscovery Case Law
 Use of a Bulk File Changer to Manipulate Metadata Leads to Sanctions for Defendant – eDiscovery Case Law 150 150 CloudNine

In T&E Investment Group, LLC v. Faulkner, Texas District Judge Jorge A. Solis upheld the earlier recommendation of the Magistrate Judge to order an adverse inference sanction, along with monetary sanctions, against the defendant for manipulation of metadata.

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New California Proposed Opinion Requires eDiscovery Competence – eDiscovery Trends
 New California Proposed Opinion Requires eDiscovery Competence – eDiscovery Trends 150 150 CloudNine

If a new proposed opinion in California is adopted, attorneys in that state had better be sufficiently skilled in eDiscovery, hire technical consultants or competent counsel that is sufficiently skilled, or decline representation in cases where eDiscovery is required.

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Plaintiffs Triumph in Second Motion to Enforce Court Ordered Production of Email Attachments – eDiscovery Case Law
 Plaintiffs Triumph in Second Motion to Enforce Court Ordered Production of Email Attachments – eDiscovery Case Law 150 150 CloudNine

In Skepnek v. Roper & Twardowsky, LLC, Kansas Magistrate Judge James P. O’Hara ruled on a second motion filed by the plaintiffs to enforce a discovery order that was not followed completely by the defendants – specifically, the plaintiffs sought to compel the production of email attachments that were not produced along with the emails themselves.

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Daughter’s Facebook Post Voids $80,000 Settlement – eDiscovery Trends
 Daughter’s Facebook Post Voids $80,000 Settlement – eDiscovery Trends 150 150 CloudNine

My boss reminded me that we haven’t had a good social media disaster story in a while, so here goes. I know it’s a few weeks old, but it’s still a good story if you haven’t heard it. As reported a few weeks ago on CNN, the former head of a private preparatory school in Miami lost out an $80,000 discrimination settlement after his daughter boasted about it on Facebook.

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Plaintiff Sanctioned for Spoliation of Digital Evidence in Sexual Harassment Lawsuit – eDiscovery Case Law
 Plaintiff Sanctioned for Spoliation of Digital Evidence in Sexual Harassment Lawsuit – eDiscovery Case Law 150 150 CloudNine

In Calderon v. Corporacion Puertorrique a de Salud, the plaintiff was found to have violated his duty to preserve evidence during the discovery phase of this sexual harassment lawsuit. Sanctions were imposed, though not to the extent requested by the defendants.

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Litigation Support Professionals Are Certifiable, Too – eDiscovery Trends
 Litigation Support Professionals Are Certifiable, Too – eDiscovery Trends 150 150 CloudNine

We’ve covered programs from The Organization of Legal Professionals (OLP) in the past, including coverage of their certification program for eDiscovery project management. Now, the OLP has announced that it has finalized preparations for a new Litigation Support Certification Exam.

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Searching for Individuals Isn’t as Straightforward as You Think – eDiscovery Best Practices
 Searching for Individuals Isn’t as Straightforward as You Think – eDiscovery Best Practices 150 150 CloudNine

I’ve recently worked with a couple of clients who proposed search terms for key individuals that were a bit limited, so I thought this was an appropriate topic to revisit. When looking for documents in your collection that mention key individuals, conducting a name search for those individuals isn’t always as straightforward as you might think. There are potentially a number of different ways names could be represented and if you don’t account for each one of them, you might fail to retrieve key responsive documents – OR retrieve way too many non-responsive documents. Here are some considerations for conducting name searches.

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Cloud Security Fears Diminish With Experience – eDiscovery Trends
 Cloud Security Fears Diminish With Experience – eDiscovery Trends 150 150 CloudNine

One of the more common trends identified by thought leaders in our recently concluded thought leader series was the continued emergence of the cloud as a viable solution to manage corporate big data. One reason for that appears to be greater acceptance of cloud security. Now, there’s a survey that seems to confirm that trend.

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Definition of “Electronic Storage” Considered in Invasion of Privacy Lawsuit – eDiscovery Case Law
 Definition of “Electronic Storage” Considered in Invasion of Privacy Lawsuit – eDiscovery Case Law 150 150 CloudNine

In Cheng v. Romo, the interpretation of laws enacted prior to the modern Internet age served as a deciding factor in the outcome of this invasion of privacy lawsuit, which alleged a violation of the Stored Communications Act (SCA).

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Sanctions Denied over Destruction of Audio Evidence in Discrimination Lawsuit – eDiscovery Case Law
 Sanctions Denied over Destruction of Audio Evidence in Discrimination Lawsuit – eDiscovery Case Law 150 150 CloudNine

In Sokn v. Fieldcrest Cmty. Unit School Dist. No. 8, the plaintiff filed a motion for default and sanctions relating to spoliation of evidence with a federal court, after a district court issued a Report and Recommendation (R&R) to deny the motion. Illinois Senior District Judge Joe Billy McDade ultimately declined to impose sanctions, due to a lack of evidence regarding the timing of alleged spoliation, and the plaintiff’s inability to establish bad faith on the part of the defendants.

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