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.
read moreRemember back in 2016 when Apple with in a court battle with the Department of Justice over giving investigators access to encrypted data on the iPhone used by one of the San Bernardino shooters? That was back in 2016 and we covered the story on the blog back then – that situation was resolved when the DOJ indicated that the FBI was able to retrieve the data with help from an “unnamed third party”. Now, Apple is in a new dispute with the government again over the same issue.
read moreIt’s that time again! I’m here to cover the results of the Winter 2020 eDiscovery Business Confidence Survey, published (as always) on Rob Robinson’s terrific Complex Discovery site. So, how […]
read moreIn Kamuda et al. v. Sterigenics U.S., LLC et al., Circuit Court Judge Christopher E. Lawler ruled that “[u]nder Illinois Supreme Court Rules 201(b)(4) and 214(b), the parties should produce all ESI in the respective native formats”, agreeing that Rule 214 entitles Plaintiffs to their requested ESI format and rejecting the defendants’ offered compromise to produce some of the ESI in native format, but not all.
read moreA two-topic day for us with a couple of terrific educational opportunities! One free CLE educational program in Houston comes up in just ten days! And, the other happens in Florida and currently has early bird pricing available for a wonderful full day conference in March!
read moreAs we noted yesterday, eDiscovery Daily published 66 posts related to eDiscovery case decisions and activities over the past year, covering 56 unique cases! Yesterday, we looked back at cases related to passwords and Fifth Amendment protection, non-party discovery and mobile and messaging. Today, let’s take a look back at cases related to cooperation, form of production, privilege and confidentiality disputes, social media related disputes and a key case regarding biometric security.
read moreIt’s that time of year again! Time for our annual review of eDiscovery case law! This is our ninth(!) annual review of cases that we covered on the eDiscovery Daily blog over the past year. As always, we had a number of interesting cases related to various eDiscovery topics. So, as we have done for the last eight(!) years, let’s take a look back at 2019!
read moreHindsight is 2020. With that in mind, 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? Here’s a webcast that will discuss key case law rulings from last year and their impact on this year – and beyond.
read moreHappy New Year! We’re back and better than ever, ready for not only a new year, but a new decade! So, what’s on tap for the new year? Here’s a survey currently underway and a major conference coming up in early February – both very familiar to you if you’re familiar with eDiscovery trends.
read moreIn 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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