Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.

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

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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Apple Battling with the Government Again Over Breaking iPhone Encryption of Mass Shooters: Data Privacy Trends

Remember 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.

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Court Orders Defendants to Produce All ESI in Native Format: eDiscovery Case Law

In 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.

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2019 eDiscovery Case Law Year in Review, Part 2

As 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.

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2019 eDiscovery Case Law Year in Review, Part 1

It’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!

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Here’s a Webcast to Learn about Key Case Law for 2019 and How it Affects 2020: eDiscovery Webcasts

Hindsight 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.

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