Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
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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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Government Attorneys Have eDiscovery Issues Too – eDiscovery Trends
 Government Attorneys Have eDiscovery Issues Too – eDiscovery Trends 150 150 CloudNine

When many eDiscovery professionals talk about their clients, they’re usually talking about law firms and corporations. However, government agencies have their own eDiscovery challenges. According to findings from Deloitte’s 7th Annual Benchmarking Study of e-Discovery Practices for Government Agencies, attorneys and other professionals in government agencies have their own problems and concerns when it comes to eDiscovery.

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Smaller Law Firms Save Big with Cloud-Based eDiscovery – eDiscovery Trends
 Smaller Law Firms Save Big with Cloud-Based eDiscovery – eDiscovery Trends 150 150 CloudNine

According to a new article in ABA Journal (Cloud-based e-discovery can mean big savings for smaller firms, written by Joe Dysart), if you are a smaller law firm, it may make more sense to “rent” your eDiscovery applications in the “cloud” rather than bring a full-fledged hardware and software solution in-house.

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Ruling on ESI Discovery Dispute Delayed as Court Requests Specific Information – eDiscovery Case Law
 Ruling on ESI Discovery Dispute Delayed as Court Requests Specific Information – eDiscovery Case Law 150 150 CloudNine

In Worley v. Avanquest North America Inc., a putative class action involving PC security software, California Magistrate Judge Laurel Beeler required the defendant to produce further information related to discovery disputes before a ruling would be issued.

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After 2,354 Public Comments, One Major Change to the Proposed Federal Rules – eDiscovery Trends
 After 2,354 Public Comments, One Major Change to the Proposed Federal Rules – eDiscovery Trends 150 150 CloudNine

During our recently concluded thought leader interview series, we asked each of the interviewees their thoughts about the proposed eDiscovery rules amendments to the Federal Rules of Civil Procedure (FRCP) that were published last August for public comment. And, of course, they had plenty to say. The majority of their comments related to the proposed amendment to Rule 37(e) which was intended to create a uniform national standard regarding the level of culpability required to justify severe sanctions for spoliation. Now, it looks like the numerous public comments that were filed have resulted in a change to the rule.

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eDiscovery Daily Is Forty Two!
 eDiscovery Daily Is Forty Two! 150 150 CloudNine

Months old, that is. Hey, that’s 24 1/2 in dog years! It slipped up on us! Forty two months ago last week, eDiscovery Daily was launched. It’s hard to believe that it has been 3 1/2 years since our first three posts that debuted on our first day. Twice a year, we like to take a look back at some of the important stories and topics during that time. So, here are just a few of the posts over the last six months you may have missed. Enjoy!

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Clawback Rights Upheld and Plaintiff Sanctioned for Refusal to Comply Concerning Inadvertently Produced Privileged Documents – eDiscovery Case Law
 Clawback Rights Upheld and Plaintiff Sanctioned for Refusal to Comply Concerning Inadvertently Produced Privileged Documents – eDiscovery Case Law 150 150 CloudNine

In RIPL Corp. v. Google Inc., seven discovery-related motions were heard concerning this trademark infringement action. The various motions to seal, compel, enforce, and sanction were filed after the parties had entered into a stipulated protective order. Washington District Judge Ricardo S. Martinez granted in part, denied in part, and deferred in part the various motions.

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Electronic Discovery Dispute Sees Court Requesting Cooperation from Both Parties to Avoid “Court-Ordered Middle Ground” – eDiscovery Case Law
 Electronic Discovery Dispute Sees Court Requesting Cooperation from Both Parties to Avoid “Court-Ordered Middle Ground” – eDiscovery Case Law 150 150 CloudNine

In Fort Worth Employees’ Retirement Fund v. J.P. Morgan Chase & Co., a complex discovery dispute arose during the process of this securities action lawsuit revolving around the defendants’ loan products and offerings with regards to a specific consumer class, in which the plaintiffs filed a motion to compel an expanded discovery.

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