Our Insights on eDiscovery

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Pennsylvania Supreme Court Rules that Forcing Provision of Computer Password Violates the Fifth Amendment: eDiscovery Case Law
 Pennsylvania Supreme Court Rules that Forcing Provision of Computer Password Violates the Fifth Amendment: eDiscovery Case Law 150 150 CloudNine

In Commonwealth v. Davis, the Supreme Court of Pennsylvania, in a 4-3 ruling, overturned a lower-court order that required a criminal suspect to turn over a 64-character password to his computer, concluding that “compelling the disclosure of a password to a computer, that is, the act of production, is testimonial” and rejecting the Commonwealth’s argument that provision of the password was a foregone conclusion, finding that “the prohibition of application of the foregone conclusion rationale to areas of compulsion of one’s mental processes would be entirely consistent with” US Supreme Court decisions.

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It’s Time for Your Annual “Mashup” of eDiscovery Market Estimates!: eDiscovery Trends
 It’s Time for Your Annual “Mashup” of eDiscovery Market Estimates!: eDiscovery Trends 150 150 CloudNine

The appearance of the mashed potato graphic can only mean one thing. Nope, not that it’s Thanksgiving week (though, many of us will enjoy our mashed potatoes this Thursday). It means that it’s time for the eDiscovery Market Size Mashup that Rob Robinson compiles and presents on his Complex Discovery site each year.

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Here’s a Webcast to Learn about Important eDiscovery Developments for 2019: eDiscovery Webcasts
 Here’s a Webcast to Learn about Important eDiscovery Developments for 2019: eDiscovery Webcasts 150 150 CloudNine

I know it seems like we just conducted a webcast (we did, three days ago), but we already have another one coming up! 2019 was another busy year from an eDiscovery, cybersecurity and data privacy standpoint. What do you need to know about those important 2019 events? Here’s a webcast that will discuss what you need to know about important 2019 events and how they impact your eDiscovery efforts.

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Exceptions are the Rule: eDiscovery Throwback Thursdays
 Exceptions are the Rule: eDiscovery Throwback Thursdays 150 150 CloudNine

Virtually every collection of electronically stored information (ESI) has at least some files that cannot be effectively searched. Corrupt files, password protected files and other types of exception files are pretty much constant components of your ESI collection and it can become very expensive to make these files searchable or reviewable. Being without an effective plan for addressing these files could lead to problems – even spoliation claims – in your case.

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Another Sign That Companies Aren’t Ready for CCPA Yet: Data Privacy Trends
 Another Sign That Companies Aren’t Ready for CCPA Yet: Data Privacy Trends 150 150 CloudNine

As we’ve reported several times (including just last week), the California Consumer Privacy Act (CCPA) is scheduled to go into effect on January 1 next year. That’s only 42 days from now! Here’s another sign that companies still aren’t ready for it yet.

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Today’s Webcast Will Discuss the DOS and DON’TS of 30(b)(6) Witness Depositions: eDiscovery Webcasts
 Today’s Webcast Will Discuss the DOS and DON’TS of 30(b)(6) Witness Depositions: eDiscovery Webcasts 150 150 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? Today’s webcast that will answer those questions – and more!

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Court Denies Motion to Redact Portions of eDiscovery Teleconference: eDiscovery Case Law
 Court Denies Motion to Redact Portions of eDiscovery Teleconference: eDiscovery Case Law 150 150 CloudNine

In Pacific Biosciences of California, Inc. v. Oxford Nanopore Tech., Inc. et al., Delaware Magistrate Judge Jennifer L. Hall denied the defendants’ Motion to Redact Portions of the August 14, 2019 Discovery Teleconference and the related submissions, stating: “The public has an interest in understanding judicial proceedings, even if they have a limited interest in documents submitted in connection with discovery dispute proceedings.”

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Microsoft Supports CCPA, But Wants It To Be Even Stronger: Data Privacy Trends
 Microsoft Supports CCPA, But Wants It To Be Even Stronger: Data Privacy Trends 150 150 CloudNine

We’re getting closer and closer to the deadline for the California Consumer Privacy Act (CCPA), which is scheduled to go into effect on January 1 next year, even though there is still a lot to be determined with regard how companies must comply. At least one major corporation supports the new law. But, that company also wants to see it strengthened.

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When Litigation Hits, The First 7 to 10 Days is Critical: eDiscovery Throwback Thursdays
 When Litigation Hits, The First 7 to 10 Days is Critical: eDiscovery Throwback Thursdays 150 150 CloudNine

When a case is filed (or even before, if litigation is anticipated then), several activities must be completed within a short period of time (often as soon as the first seven to ten days after filing) to enable you to assess the scope of the case, where the key electronically stored information (ESI) is located and whether to proceed with the case or attempt to settle with opposing counsel. Here are several of the key early activities that can assist in deciding whether to litigate or settle the case.

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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 150 150 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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