Our Insights on eDiscovery

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Court Finds Plaintiffs’ Sanction Request To Be Too Late and Too Little: eDiscovery Case Law
 Court Finds Plaintiffs’ Sanction Request To Be Too Late and Too Little: eDiscovery Case Law 479 270 CloudNine

In Nguyen v. Costco Wholesale Corp., Florida Magistrate Judge William Matthewman denied the plaintiffs’ motion for sanctions for alleged spoliation of a video that the plaintiffs claimed showed an alleged slip-and-fall by plaintiff Chi Nguyen, finding that the defendant “did not have an affirmative duty to preserve the allegedly spoliated video” for a nearly two year period from the date of the fall to the date of the filing of the lawsuit and that the plaintiffs “fail to cite to a shred of evidence in support” in support of the claim that the video showed the slip and fall.

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Today’s Webcast Will Teach You Key Case Law for 2019 and How it Affects 2020: eDiscovery Webcasts
 Today’s Webcast Will Teach You Key Case Law for 2019 and How it Affects 2020: eDiscovery Webcasts 420 238 CloudNine

2019 was another notable year for eDiscovery case law with several significant rulings that stand to impact eDiscovery practices, the admissibility of evidence and the potential of sanctions for discovery violations. How can these key case law decisions affect discovery within your organization? Today’s webcast that will discuss key case law rulings from last year and their impact on this year – and beyond.

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Legaltech 2020 Preview Edition: eDiscovery Trends
 Legaltech 2020 Preview Edition: eDiscovery Trends 414 336 CloudNine

As you can tell by the new snazzy custom CloudNine NYC logo, Legaltech® begins in exactly one week! Yes, I know that Legalweek® begins on Monday, but the heart of the week is the Legalweek conference. Hey, I remember when the “T” in Legaltech was capitalized! So, what’s happening this year? Let’s take a look.

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Court Rules Defendant’s Production Need Not Be Lost in Translation: eDiscovery Case Law
 Court Rules Defendant’s Production Need Not Be Lost in Translation: eDiscovery Case Law 479 270 CloudNine

In NY Machinery v. The Korean Cleaners Monthly, New Jersey Magistrate Judge Edward S. Kiel, noting that “Rule 34 does not address which party has the obligation to translate documents into English” denied the plaintiffs’ application seeking to compel the defendants to translate documents served as part of their document production.

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A Different Type of Throwback Post, Along with ACEDS and Legaltech Updates: eDiscovery Best Practices
 A Different Type of Throwback Post, Along with ACEDS and Legaltech Updates: eDiscovery Best Practices 336 280 CloudNine

This isn’t your typical Throwback Thursday post. For starters, it isn’t Thursday, it’s Friday (yay!). And, it’s not so much of a throwback on a topic we’ve covered in the past, but rather a shout-out to a new article from an eDiscovery Daily alum! And, we have an update on an ACEDS Houston event from yesterday and reminders of some CloudNine events coming at Legaltech!

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Plaintiffs’ Failure to “Hurry” Leads to Denial of Motion to Compel: eDiscovery Case Law
 Plaintiffs’ Failure to “Hurry” Leads to Denial of Motion to Compel: eDiscovery Case Law 479 270 CloudNine

In Hurry Family Revocable Trust, et al. v. Frankel, the Florida District Court judge denied the Plaintiffs’ Motion to Compel Production of Documents and Request for Sanctions, ruling the motion to be untimely, given that the extended discovery deadline had passed, and also rejected the plaintiffs’ argument that the defendant had willfully avoided producing certain emails.

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NineForum is Back for Another Year at Legaltech!: eDiscovery Best Practices
 NineForum is Back for Another Year at Legaltech!: eDiscovery Best Practices 504 236 CloudNine

It was such a success last year, we decided to do it again this year! At Legaltech, CloudNine will once again be conducting NineForum – our series of TED-style talk sessions right from our booth! And, we have another terrific group of eDiscovery thought leaders to present on great topics!

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Here’s Another Updated Commentary from The Sedona Conference: eDiscovery Best Practices
 Here’s Another Updated Commentary from The Sedona Conference: eDiscovery Best Practices 428 600 CloudNine

Last Friday, we covered one updated commentary from The Sedona Conference® (TSC) and promised to cover another one this week. Consider our promise kept!

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Here’s Why Whether Apple Provides a Backdoor to iPhones May Not Matter: Data Privacy Trends
 Here’s Why Whether Apple Provides a Backdoor to iPhones May Not Matter: Data Privacy Trends 320 322 CloudNine

Last week, we covered the government’s latest attempt (and Apple’s resistance) to get Apple to assist in unlocking the iPhones of a mass shooter – this time, with regard to password-protected iPhones used by Mohammed Saeed Alshamrani, who is suspected of killing three people last month in a shooting at a Navy base in Pensacola, Florida. Ultimately, however, it may not matter whether Apple helps the government or not.

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The Sedona Conference Has an Updated Commentary on Rule 45 Subpoenas to Non-Parties: eDiscovery Best Practices
 The Sedona Conference Has an Updated Commentary on Rule 45 Subpoenas to Non-Parties: eDiscovery Best Practices 428 600 CloudNine

So many stories, so little time. Been meaning to cover this for a few days now. Last week, The Sedona Conference® (TSC) and its Working Group 1 on Electronic Document Retention & Production (WG1) announced the publication of the Public Comment Version of The Sedona Conference Commentary on Rule 45 Subpoenas to Non-Parties, Second Edition.

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