Our Insights on eDiscovery

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Nine is Divine! eDiscovery Daily is (Cloud)Nine Years Old!
 Nine is Divine! eDiscovery Daily is (Cloud)Nine Years Old! 400 400 CloudNine

Our “nine clouds” logo is making a one-day comeback! If you read our blog yesterday, you probably noticed that our Throwback Thursday post was from the day eDiscovery Daily was launched. That was nine years ago today!

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Don’t Get “Wild” with Wildcards: eDiscovery Throwback Thursdays
 Don’t Get “Wild” with Wildcards: eDiscovery Throwback Thursdays 406 560 CloudNine

A while ago, I provided search strategy assistance to a client that had already agreed upon several searches with opposing counsel. One search related to mining activities, so the attorney decided to use a wildcard of “min*” to retrieve variations like “mine”, “mines” and “mining”. That one search retrieved over 300,000 files with hits. Why? Let’s take a look.

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Today’s Webcast Will Show You How to Think Like a Millennial When Addressing eDiscovery Needs: eDiscovery Webcasts
 Today’s Webcast Will Show You How to Think Like a Millennial When Addressing eDiscovery Needs: eDiscovery Webcasts 464 264 CloudNine

As we learned in Tom O’Connor’s recent five part blog series, millennials may be changing eDiscovery (depending on your point of view). Regardless, eDiscovery is changing and millennials may be a BIG part of that change. TODAY’S webcast will help you think like a millennial to address your eDiscovery needs.

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The Cat and Mouse Game Between Data Privacy Regulators and Online Advertisers: Data Privacy Trends
 The Cat and Mouse Game Between Data Privacy Regulators and Online Advertisers: Data Privacy Trends 565 471 CloudNine

You didn’t think companies that make a lot of their revenue in online advertising were going to just roll over when Europe’s General Data Protection Regulation (GDPR) was enacted to protect personal information, did you? Apparently not, as this article discusses.

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It’s Friday the 13th! So, What’s Worse – Jason or Last Minute Votes on CCPA Amendments?: Data Privacy Trends
 It’s Friday the 13th! So, What’s Worse – Jason or Last Minute Votes on CCPA Amendments?: Data Privacy Trends 608 507 CloudNine

OK, today is the day that spawned a whole series of horror movies that have been a part of the Hollywood lexicon for nearly forty years now. But the decisions being made in California this week could impact data privacy considerations for…well, who knows how long? So, which is worse? Depends on your point of view, I guess.

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Searching for Email Addresses Can Have Lots of Permutations Too: eDiscovery Throwback Thursdays
 Searching for Email Addresses Can Have Lots of Permutations Too: eDiscovery Throwback Thursdays 315 338 CloudNine

Last week, we discussed the various permutations of names of individuals to include in your searching for a more complete result set, as well as the benefits of proximity searching (broader than a phrase search, more precise than an AND search) to search for names of individuals. Another way to identify documents associated with individuals is through their email addresses. Let’s take a look.

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Fall 2019 Predictive Coding Technologies and Protocols Survey Results: eDiscovery Trends
 Fall 2019 Predictive Coding Technologies and Protocols Survey Results: eDiscovery Trends 391 236 CloudNine

So many topics, so little time! Rob Robinson published the latest Predictive Coding and Technologies and Protocols Survey on his excellent ComplexDiscovery site last week, but this is the first chance I’ve had to cover it. The results are in and here are some of the findings in the largest response group for this survey yet.

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Another Case Where Intent to Deprive is Put in the Hands of the Jury: eDiscovery Case Law
 Another Case Where Intent to Deprive is Put in the Hands of the Jury: eDiscovery Case Law 479 270 CloudNine

In Woods v. Scissons, Arizona Chief District Judge G. Murray Snow granted in part and denied in part the plaintiff’s motion for sanctions for spoliation of video footage of an arrest incident involving the plaintiff and the defendant (a police officer with the Prescott Police Department), ruling that non-party City of Prescott violated a duty to preserve evidence of the alleged incident, but that the question of intent should be submitted to the jury to determine appropriate sanctions.

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Forget CCPA. COPPA Just Cost YouTube and Google $170 Million: Cybersecurity Trends
 Forget CCPA. COPPA Just Cost YouTube and Google $170 Million: Cybersecurity Trends 346 270 CloudNine

Sure, we’ve been talking a lot the past couple of years about Europe’s General Data Protection Regulation (GDPR), enacted in May 2018 and we’ve already seen one big fine here and another huge potential fine here. And, we’ve been talking for over a year now about the California Consumer Privacy Act, which is scheduled to take effect next January 1st. But, have we talked about “COPPA”? Not, till now. But, “COPPA” just cost YouTube and Google $170 million.

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Court Grants Spoliation Sanctions for Defendant’s Failure to Preserve Photos of Prisoner Plaintiff: eDiscovery Case Law
 Court Grants Spoliation Sanctions for Defendant’s Failure to Preserve Photos of Prisoner Plaintiff: eDiscovery Case Law 479 270 CloudNine

In Wilmoth v. Deputy Austin Murphy, Arkansas District Judge Timothy L. Brooks granted the plaintiff’s Motion for Relief Regarding Spoliation, finding that the “defendant’s conduct in this case was designed to deprive” the plaintiff the use of photographs in litigation that were purported to have shown injuries suffered by the plaintiff associated with his excessive force claim against the deputy defendant.

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