Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
Here’s a Webcast That Will Discuss the DO’S and DON’TS of 30(b)(6) Witness Depositions: eDiscovery Webcasts
Here’s a Webcast That Will Discuss the DO’S and DON’TS of 30(b)(6) Witness Depositions: eDiscovery Webcasts 343 259 CloudNine

As we learned in Tom O’Connor’s recent six part blog series, Rule 30(b)(6) permits a party to notice or subpoena the deposition of an organization which then must then designate one or more individuals who consent to testify on its behalf about information “known or reasonably available to the organization.” But, how should it be conducted to maximize the discovery obtained, what are some strategies to consider to help ensure a successful deposition and what are some common mistakes to avoid? And, what are some eDiscovery related topics about which a 30(b)(6) witness should be prepared to testify? Here’s a webcast that will answer those questions – and more!

read more
No Joke, It’s Ten Years of eDiscovery Horrors!
No Joke, It’s Ten Years of eDiscovery Horrors! 600 392 CloudNine

Today is Halloween! This is our tenth(!) year to identify stories to try to “scare” you with tales of eDiscovery, data privacy and cybersecurity horrors because we are, after all, an eDiscovery blog. Let’s see how we do this year. Is it just me, or is it getting crazier out there?

read more
Court Denies Petitioners’ Motion to Quash, But Also Finds Subpoena Is Not Within Scope of Discovery: eDiscovery Case Law
Court Denies Petitioners’ Motion to Quash, But Also Finds Subpoena Is Not Within Scope of Discovery: eDiscovery Case Law 479 270 CloudNine

In the case In re Verizon Wireless, Maryland Magistrate Judge Charles B. Day denied the petitioners’ Motions to Quash the respondents’ subpoena, finding that the petitioners did not have sufficient standing to have the subpoena quashed for phone numbers owned by Prince George’s County. However, Judge Day also found that the subpoena was overbroad and was not within the scope of discovery and, as a result, granted the petitioners’ Motions for Protective Orders.

read more
McDonalds May Soon Know Whether “You Want Fries with That” Before You Even Get There: Data Privacy Trends
McDonalds May Soon Know Whether “You Want Fries with That” Before You Even Get There: Data Privacy Trends 508 344 CloudNine

In this day and age of using customer data and artificial intelligence (AI) to predict customer needs, is anybody really surprised by this headline? Whether you are or not, the fast-food chain is turning to AI and machine learning in the hopes of predicting what customers want before they decide.

read more
According to the ABA, Lawyers are “Failing at Cybersecurity”: Cybersecurity Trends
According to the ABA, Lawyers are “Failing at Cybersecurity”: Cybersecurity Trends 275 247 CloudNine

In these days of increased data privacy emphasis with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), how are lawyers doing with regard to cybersecurity within their firms? According to the American Bar Association Legal Technology Resource Center’s ABA TechReport 2019, they are “failing at cybersecurity”.

read more
Wal-Mart is Allowed to Clawback Inadvertent Disclosures, But Still Sanctioned Over What They Revealed: eDiscovery Case Law
Wal-Mart is Allowed to Clawback Inadvertent Disclosures, But Still Sanctioned Over What They Revealed: eDiscovery Case Law 479 270 CloudNine

In Bellamy v. Wal-Mart Stores, Texas, LLC, in a case that was discussed earlier this week at Relativity Fest, Texas District Judge Xavier Rodriguez ruled that the defendant was entitled to “claw back” the documents it inadvertently produced in the case, but still considered those documents in analyzing the plaintiff’s motion for sanctions and granted that motion to the extent that he ruled that the defendant could not assert any comparative negligence defense in this case, including arguing that the danger (of a pallet being left unattended in the store) was open and obvious.

read more
Is eDiscovery Business Confidence In For a Big FALL?: eDiscovery Trends
Is eDiscovery Business Confidence In For a Big FALL?: eDiscovery Trends 548 411 CloudNine

That sentence could be taken two ways, of course. It’s that time again! I’m here to cover the results of the Fall 2019 eDiscovery Business Confidence Survey, published (as always) on Rob Robinson’s terrific Complex Discovery site. So, how confident are individuals working in the eDiscovery ecosystem in the business of eDiscovery? Let’s see.

read more
CloudNine at Relativity Fest 2019
Wednesday at Relativity Fest and Show Recap: eDiscovery Trends
Wednesday at Relativity Fest and Show Recap: eDiscovery Trends 600 245 CloudNine

As we noted yesterday and Monday, the 2019 Relativity Fest conference is going on this week, CloudNine is once again here as a Sponsor and Exhibitor and I have been covering the show for eDiscovery Daily. So, in this last day of the show, I’ll discuss a few highlights.

read more
CloudNine at Relativity Fest 2019
Tuesday’s Relativity Fest 2019 Sessions: eDiscovery Trends
Tuesday’s Relativity Fest 2019 Sessions: eDiscovery Trends 600 245 CloudNine

As we noted yesterday, the 2019 Relativity Fest conference is going on this week, CloudNine is once again here as a Sponsor and Exhibitor and I will be covering the show for eDiscovery Daily. Let’s check out some of the sessions lined up for today (including the one I’m speaking at!).

read more
CloudNine at Relativity Fest 2019
Welcome to Relativity Fest 2019!: eDiscovery Trends
Welcome to Relativity Fest 2019!: eDiscovery Trends 600 245 CloudNine

The 2019 Relativity Fest conference is here! Actually, it started yesterday, with a few events, including the Welcome Reception. Today, we have a full slate of sessions to talk about and CloudNine is once again here as a Sponsor and Exhibitor. Let’s check out some of the sessions lined up for today.

read more