Our Insights on eDiscovery

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Peruse, But Don’t Friend Potential Jurors on Social Media – eDiscovery Trends
 Peruse, But Don’t Friend Potential Jurors on Social Media – eDiscovery Trends 150 150 CloudNine

Unless limited by law or court order, a lawyer may review a juror’s or potential juror’s Internet presence, which may include postings by the juror or potential juror in advance of and during a trial, but a lawyer may not communicate directly or through another with a juror or potential juror. So says a new formal opinion from the American Bar Association (ABA) Standing Committee on Ethics and Professionalism.

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Rule 37(e) Amended Again – eDiscovery Trends
 Rule 37(e) Amended Again – eDiscovery Trends 150 150 CloudNine

Last month, we discussed significant changes made to Rule 37(e), which had been hotly debated and was the source of many of the 2,354 public comments filed regarding the recent proposed rules changes. Earlier this month (on April 10th and 11th), the Advisory Committee on Civil Rules met to review proposed amendments to the Rules of Civil Procedure, including recommended changes to those proposed amendments as published for public comment and further changes were made to Rule 37(e).

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Why the Blog was Down — eDiscovery Downtime
 Why the Blog was Down — eDiscovery Downtime 150 150 CloudNine

If you’ve tried to access the blog for the past couple of days, you’ve experienced a lot of difficulty and, for parts of Monday and Tuesday, got an indication that the URL didn’t exist. Here’s why.

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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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