Our Insights on eDiscovery

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Court Denies Plaintiff’s Motion for Sanction for Spoliation of Audio Recording: eDiscovery Case Law
 Court Denies Plaintiff’s Motion for Sanction for Spoliation of Audio Recording: eDiscovery Case Law 479 270 CloudNine

In Montoya v. Loya Ins., New Mexico Magistrate Judge Steven C. Yarbrough denied the plaintiff’s Motion For Sanctions For Spoliation Of Audio Recording Evidence, after a jury trial in favor of the plaintiff, finding that there was minimal prejudice to the plaintiff and that “there is no dispute over the relevant contents of the telephone conversation” which was recorded.

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Court Enters Parties’ Order for Discovery of ESI: eDiscovery Case Law
 Court Enters Parties’ Order for Discovery of ESI: eDiscovery Case Law 479 270 CloudNine

In Shotwell, et al. v. Zillow Group Inc., et al., Washington District Judge John C. Coughenour entered an order regarding the discovery of electronically stored information (“ESI”), pursuant to the parties’ stipulation and proposed order.

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Friday the 13th is Unlucky for the City of New Orleans. Almost. Maybe.: Cybersecurity Trends
 Friday the 13th is Unlucky for the City of New Orleans. Almost. Maybe.: Cybersecurity Trends 524 439 CloudNine

In Friday’s post about Norton Rose Fulbright’s 2019 Litigation Trends Annual Survey, one of the most notable trends was that 44 percent of corporate respondents identified Cybersecurity/data privacy as the most likely new source of dispute for their business on the horizon, which was more than four times the next likely sources. Cybersecurity is also a big challenge for municipalities as we saw on Friday.

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Just in Time for the Holidays! Norton Rose Fulbright’s 2019 Litigation Trends Survey: eDiscovery Trends
 Just in Time for the Holidays! Norton Rose Fulbright’s 2019 Litigation Trends Survey: eDiscovery Trends 247 247 CloudNine

Hard to believe it’s the fifteenth edition, but here it is: Norton Rose Fulbright’s 2019 Litigation Trends Annual Survey. We’ve covered it a few times over the years, but I don’t remember it ever being released this close to the holidays. Nonetheless, the survey, as always, had some interesting findings. Let’s take a look.

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Away CEO Resigns After “Slack Bullying” Revealed in Report from The Verge: eDiscovery Trends
 Away CEO Resigns After “Slack Bullying” Revealed in Report from The Verge: eDiscovery Trends 303 460 CloudNine

“Yes”, you say, “this is an interesting story, but what does it have to do with eDiscovery?” And, why is there a picture of Yogi Berra on this story? Read on and you’ll find out.

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Today’s Webcast Will Help You Learn about Important eDiscovery Developments for 2019: eDiscovery Webcasts
 Today’s Webcast Will Help You Learn about Important eDiscovery Developments for 2019: eDiscovery Webcasts 461 262 CloudNine

2019 was another busy year from an eDiscovery, cybersecurity and data privacy standpoint. So, what do you need to know about those important 2019 events? Today’s webcast will discuss what you need to know about important 2019 events and how they impact your eDiscovery, data privacy and cybersecurity efforts.

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This is What WON’T Be On Our 2019 eDiscovery Year in Review Webcast Tomorrow: eDiscovery Trends
 This is What WON’T Be On Our 2019 eDiscovery Year in Review Webcast Tomorrow: eDiscovery Trends 590 392 CloudNine

Tomorrow, CloudNine will conduct the webcast 2019 eDiscovery Year in Review. As 2019 has been a busy year, we have a lot of topics planned for tomorrow – everything from key case law decisions to important data privacy trends to whether lawyers are “failing” at cybersecurity and it will be a challenge to get through them all. But, we still couldn’t cover everything – there was simply too much that happened this year to cover it all. So, here are some notable events and trends that happened this year that we won’t have time to discuss tomorrow. Enjoy!

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Court Infers Bad Faith for Plaintiffs Use of Ephemeral Messaging App: eDiscovery Case Law
 Court Infers Bad Faith for Plaintiffs Use of Ephemeral Messaging App: eDiscovery Case Law 479 270 CloudNine

In Herzig v. Arkansas Foundation for Medical Care, Inc., Arkansas District Judge P.K. Holmes, III indicated his belief that the use and “necessity of manually configuring [the messaging app] Signal to delete text communications” on the part of the plaintiffs was “intentional and done in bad faith”. However, Judge Holmes declined to consider appropriate sanctions, ruling that “in light of the [defendant’s] motion for summary judgment, Herzig and Martin’s case can and will be dismissed on the merits.”

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eDiscovery Markets Are Growing and Legal Tech Investments Are “Skyrocketing”. So, Who’s Buying?: eDiscovery Trends
 eDiscovery Markets Are Growing and Legal Tech Investments Are “Skyrocketing”. So, Who’s Buying?: eDiscovery Trends 219 284 CloudNine

No, I don’t mean who’s buying the drinks. Though the growth of the markets and the growth in legal tech investment is certainly worth celebrating (especially for those who’ve seen their investments pay off). ;o) But what I’m asking is: who’s buying the technology?

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Despite Email from Defendants Instructing to Destroy Evidence, Court Declines Sanctions: eDiscovery Case Law
 Despite Email from Defendants Instructing to Destroy Evidence, Court Declines Sanctions: eDiscovery Case Law 479 270 CloudNine

In United States et al. v. Supervalu, Inc. et al., Illinois District Judge Richard H. Mills, despite an email produced by the defendants with instructions to their pharmacies to destroy evidence, denied the relators’ motion for sanctions, stating: “Upon reviewing the record, the Court is unable to conclude that Defendants acted in bad faith. If the evidence at trial shows otherwise and bad faith on the part of the Defendants is established, the Court can revisit the issue and consider one or both of the sanctions requested by the Relators or another appropriate sanction.”

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