Our Insights on eDiscovery

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The Password Reuse Problem Has Still Not Gone Away: Cybersecurity Trends
 The Password Reuse Problem Has Still Not Gone Away: Cybersecurity Trends 341 341 CloudNine

This isn’t a throwback post – that comes tomorrow. But, it’s worth noting that we covered a story over two years ago where the guy who recommended we change our passwords periodically and require passwords that combine upper case letters, lower case letters, numbers and special characters admitted that was bad advice. But, people – and systems – still seem to support the old ways. That’s so 2003!

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You May Soon Be Told to “Go Jump in a Lake” for Your ESI: eDiscovery Trends
 You May Soon Be Told to “Go Jump in a Lake” for Your ESI: eDiscovery Trends 335 269 CloudNine

A data lake, that is. So, what is it and why should you care? Let’s take a look.

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Court Agrees that Emails Including Counsel Aren’t Privileged Because They Don’t Offer Legal Advice: eDiscovery Case Law
 Court Agrees that Emails Including Counsel Aren’t Privileged Because They Don’t Offer Legal Advice: eDiscovery Case Law 479 270 CloudNine

In Guardiola v. Adams Cty. School District No. 14 et al., Colorado District Court Judge Raymond P. Moore overruled the defendants’ objection to the magistrate judge’s order compelling them to disclose three e-mails that they contended were subject to the attorney-client privilege, ruling that “[t]he disputed e-mails do not directly request or offer legal advice.”

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Court Grants Motion to Compel in Elizabeth Holmes Theranos Criminal Case: eDiscovery Case Law
 Court Grants Motion to Compel in Elizabeth Holmes Theranos Criminal Case: eDiscovery Case Law 479 270 CloudNine

In United States v. Holmes, et al, California District Court Judge Edward J. Davila granted the defendants’ motion to compel federal prosecutors to produce material responsive to six requests from the Food and Drug Administration (FDA) and the Centers for Medicare and Medicaid Services (CMS), disagreeing with the prosecution’s contention that it could not be compelled to produce documents from under Rule 16 because it lacked access to them.

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The Files are Already Electronic, How Hard Can They Be to Load?: eDiscovery Throwback Thursdays
 The Files are Already Electronic, How Hard Can They Be to Load?: eDiscovery Throwback Thursdays 258 323 CloudNine

Since hard copy discovery became electronic discovery, I’ve worked with a number of clients who expect that working with electronic files in a review tool is simply a matter of loading the files and getting started. Unfortunately, it’s not that simple! Let’s discuss some examples as to why.

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Why Process in eDiscovery? Isn’t it “Review Ready”?: eDiscovery Best Practices
 Why Process in eDiscovery? Isn’t it “Review Ready”?: eDiscovery Best Practices 346 351 CloudNine

As I’ll point out in tomorrow’s blog post (spoiler alert!), I’ve been asked a variation of this question for years. But, perhaps the best answer to this question lies in Craig Ball’s new primer – Processing in E-Discovery.

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Time for Another Murder (Possibly) Witnessed by Alexa: eDiscovery Trends
 Time for Another Murder (Possibly) Witnessed by Alexa: eDiscovery Trends 172 446 CloudNine

It’s been a while since we covered a good murder case with Internet of Things (IoT) implications. Here’s a new case in Florida where police have submitted a search warrant to Amazon for recordings from an Echo device in a household where a man was charged with killing his partner with a spear(!).

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Court Denies Motion to Bar Plaintiff From Making Adverse Comments Regarding Defendant’s Failure to Produce Key File: eDiscovery Case Law
 Court Denies Motion to Bar Plaintiff From Making Adverse Comments Regarding Defendant’s Failure to Produce Key File: eDiscovery Case Law 479 270 CloudNine

In Saulsberry v. Savannah River Remediation, LLC, South Carolina District Court Judge J. Michelle Childs denied without prejudice the defendant’s Motion in Limine to Bar Plaintiff from Making Adverse Comments Regarding Defendant’s Failure to Produce Certain Records, finding that defendant “has not demonstrated that the contents of the missing Lash Investigative File would necessarily replicate, but not add to, the information provided in the record.”

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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!

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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?

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