Our Insights on eDiscovery

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eDiscovery Case Law: Spoliation of Data Can Lead to Your Case Being Dismissed
 eDiscovery Case Law: Spoliation of Data Can Lead to Your Case Being Dismissed 150 150 CloudNine

In In 915 Broadway Associates LLC v. Paul, Hastings, Janofsky & Walker, LLP, the New York Supreme Court imposed the severest of sanctions against the plaintiffs for spoliation of evidence – dismissal of their $20 million case.

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eDiscovery Case Law: Inadvertent Disclosure By Expert Waives Privilege
 eDiscovery Case Law: Inadvertent Disclosure By Expert Waives Privilege 150 150 CloudNine

In Ceglia v. Zuckerberg (the case where Paul Ceglia is suing claiming 84% ownership of Facebook due to an alleged agreement he had with Mark Zuckerberg back in 2003), New York Magistrate Judge Leslie G. Foschio ruled that an information technology expert’s inadvertent disclosure waived the attorney-client privilege where the plaintiff could not show that it (1) took reasonable steps to prevent the disclosure of the e-mail and (2) took reasonable steps to rectify the error once it discovered the disclosure.

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eDiscovery Cautionary Tales: Inadvertent Disclosure Leaves Naked Short Selling Practices Exposed
 eDiscovery Cautionary Tales: Inadvertent Disclosure Leaves Naked Short Selling Practices Exposed 150 150 CloudNine

While traveling back from Los Angeles for LegalTech West Coast 2012 (LTWC) this week, I saw an interesting story on the Above the Law blog (with references to The Economist, DeepCapture and Rolling Stone) regarding a litigation blunder committed by a major law firm on behalf of a major client, inadvertently disclosing an unredacted version of a sensitive document.

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eDiscovery Trends: Wednesday LTWC 2012 Sessions
 eDiscovery Trends: Wednesday LTWC 2012 Sessions 150 150 CloudNine

As noted yesterday, LegalTech West Coast 2012 (LTWC) is happening this week and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. There’s still time to check out the show if you’re in the Los Angeles area with a number of sessions (both paid and free) available and 69 exhibitors providing information on their products and services, including (shameless plug warning!) my company, CloudNine Discovery, which just announced yesterday release of Version 11 of our linear review application, OnDemand®, and will be exhibiting at booth #216 along with our partners, First Digital Solutions. Come by and say hi!

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eDiscovery Trends: Welcome to LegalTech West Coast 2012!
 eDiscovery Trends: Welcome to LegalTech West Coast 2012! 150 150 CloudNine

Today is the start of LegalTech® West Coast 2012 (LTWC) and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. Over the next two days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered. If you’re in the Los Angeles area, come check out the show – there are a number of sessions (both paid and free) available and 69 exhibitors providing information on their products and services, including (shameless plug warning!) my company, CloudNine Discovery, which just announced today release of Version 11 of our linear review application, OnDemand®, and will be exhibiting at booth #216 along with our partners, First Digital Solutions. Come by and say hi!

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eDiscovery Trends: For Da Silva Moore Addicts
 eDiscovery Trends: For Da Silva Moore Addicts 150 150 CloudNine

I am getting prepared to head for sunny Los Angeles for LegalTech West Coast shortly, so today I’m getting by with a little help from my friends. Tomorrow and Wednesday, I’ll be covering the show. It wouldn’t be a week in eDiscovery without some tidbits about the Da Silva Moore case, so here are some other sources of information and perspectives about the eDiscovery case of the year (so far). But, first, let’s recap.

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eDiscovery Case Law: Another Case with Inadmissible Text Messages
 eDiscovery Case Law: Another Case with Inadmissible Text Messages 150 150 CloudNine

Yesterday, we discussed a case where a Pennsylvania Superior Court ruled text messages inadmissible, declaring that parties seeking to introduce electronic materials, such as cell phone text messages and email, must be prepared to substantiate their claim of authorship with “circumstantial evidence” that corroborates the sender’s identity. That case is now being appealed to the state Supreme Court. Today, we have another case – Rodriguez v. Nevada – where text messages were ruled inadmissible.

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eDiscovery Case Law: Inadmissibility of Text Messages Being Appealed
 eDiscovery Case Law: Inadmissibility of Text Messages Being Appealed 150 150 CloudNine

Last October, we covered a case – Commonwealth v. Koch, No. 1669-MDA-2010, 2011 Pa. Super. LEXIS 2716 (Sept. 16, 2011) – where a Pennsylvania Superior Court ruled text messages inadmissible, declaring that parties seeking to introduce electronic materials, such as cell phone text messages and email, must be prepared to substantiate their claim of authorship with “circumstantial evidence” that corroborates the sender’s identity. That case, where Amy N. Koch was originally convicted at trial on drug charges (partially due to text messages found on her cell phone), is now being appealed to the state Supreme Court.

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eDiscovery Case Law: Judge Peck Stays Defendant’s Production in Da Silva Moore
 eDiscovery Case Law: Judge Peck Stays Defendant’s Production in Da Silva Moore 150 150 CloudNine

Yesterday, we discussed the latest event in the eDiscovery case of the year – the defendant’s response opposing the plaintiff’s motion for recusal. I thought today we would discuss the plaintiffs’ latest objection – to United States District Court Magistrate Judge Andrew J. Peck’s rejection of their request to stay discovery pending the resolution of outstanding motions and objections. However, news in this case happens quickly.

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eDiscovery Case Law: Defendant Responds to Plaintiffs’ Motion for Recusal in Da Silva Moore
 eDiscovery Case Law: Defendant Responds to Plaintiffs’ Motion for Recusal in Da Silva Moore 150 150 CloudNine

Geez, you take a week or so to cover some different topics and a few things happen in the most talked about eDiscovery case of the year. Time to catch up! Today, we’ll talk about the response of the defendant MSLGroup Americas to the plaintiffs’ motion for recusal in the Da Silva Moore case. Tomorrow, we will discuss the plaintiffs’ latest objection – to Magistrate Judge Andrew J. Peck’s rejection of their request to stay discovery pending the resolution of outstanding motions and objections.

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