Our Insights on eDiscovery

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

January 6, 2020

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.

It’s 2020! Here’s a Current Survey and a Major Conference To Look Forward To: eDiscovery Trends

January 2, 2020

Happy 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.

Court Denies Plaintiff’s Motion for Sanction for Spoliation of Audio Recording: eDiscovery Case Law

December 18, 2019

In 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.

Court Enters Parties’ Order for Discovery of ESI: eDiscovery Case Law

December 17, 2019

In Shotwell, et al. v. Zillow Group Inc., et al., Washington District Judge John C. Coughenour entered an order regarding the discovery of electronically stored information (“ESI”), pursuant to the parties’ stipulation and proposed order.

Friday the 13th is Unlucky for the City of New Orleans. Almost. Maybe.: Cybersecurity Trends

December 16, 2019

In Friday’s post about Norton Rose Fulbright’s 2019 Litigation Trends Annual Survey, one of the most notable trends was that 44 percent of corporate respondents identified Cybersecurity/data privacy as the most likely new source of dispute for their business on the horizon, which was more than four times the next likely sources. Cybersecurity is also a big challenge for municipalities as we saw on Friday.

Just in Time for the Holidays! Norton Rose Fulbright’s 2019 Litigation Trends Survey: eDiscovery Trends

December 13, 2019

Hard to believe it’s the fifteenth edition, but here it is: Norton Rose Fulbright’s 2019 Litigation Trends Annual Survey. We’ve covered it a few times over the years, but I don’t remember it ever being released this close to the holidays. Nonetheless, the survey, as always, had some interesting findings. Let’s take a look.

Away CEO Resigns After “Slack Bullying” Revealed in Report from The Verge: eDiscovery Trends

December 12, 2019

“Yes”, you say, “this is an interesting story, but what does it have to do with eDiscovery?” And, why is there a picture of Yogi Berra on this story? Read on and you’ll find out.

Today’s Webcast Will Help You Learn about Important eDiscovery Developments for 2019: eDiscovery Webcasts

December 11, 2019

2019 was another busy year from an eDiscovery, cybersecurity and data privacy standpoint. So, what do you need to know about those important 2019 events? Today’s webcast will discuss what you need to know about important 2019 events and how they impact your eDiscovery, data privacy and cybersecurity efforts.

This is What WON’T Be On Our 2019 eDiscovery Year in Review Webcast Tomorrow: eDiscovery Trends

December 10, 2019

Tomorrow, CloudNine will conduct the webcast 2019 eDiscovery Year in Review. As 2019 has been a busy year, we have a lot of topics planned for tomorrow – everything from key case law decisions to important data privacy trends to whether lawyers are “failing” at cybersecurity and it will be a challenge to get through them all. But, we still couldn’t cover everything – there was simply too much that happened this year to cover it all. So, here are some notable events and trends that happened this year that we won’t have time to discuss tomorrow. Enjoy!

Court Infers Bad Faith for Plaintiffs Use of Ephemeral Messaging App: eDiscovery Case Law

December 9, 2019

In Herzig v. Arkansas Foundation for Medical Care, Inc., Arkansas District Judge P.K. Holmes, III indicated his belief that the use and “necessity of manually configuring [the messaging app] Signal to delete text communications” on the part of the plaintiffs was “intentional and done in bad faith”. However, Judge Holmes declined to consider appropriate sanctions, ruling that “in light of the [defendant’s] motion for summary judgment, Herzig and Martin’s case can and will be dismissed on the merits.”