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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Been Hacked? That May Be Because of an Unpatched Vulnerability in Your Software: Cybersecurity Trends
 Been Hacked? That May Be Because of an Unpatched Vulnerability in Your Software: Cybersecurity Trends 341 341 CloudNine

There are plenty of reasons that organizations experience a data breach, including weak or stolen passwords (despite the availability of two factor authentication technology to thwart those efforts). Here’s another common cause of data breaches: unpatched vulnerabilities in your software.

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Simon Says – Once, Twice, Three Times a Spoliator: eDiscovery Case Law
 Simon Says – Once, Twice, Three Times a Spoliator: eDiscovery Case Law 479 270 CloudNine

In Univ. Accounting Serv., LLC v. Schulton, Oregon District Judge Michael H. Simon granted in part the plaintiff’s Motion for Terminating Spoliation Sanctions Against Defendant Ethan Schulton, finding that the defendant “acted with the intent to deprive” the plaintiff of information that he deleted, but granted the plaintiff’s alternative motion for lesser sanctions, choosing to provide the jury with a permissive inference spoliation instruction against the defendant instead of case termination sanctions.

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A “Random” Idea on Search Sampling: eDiscovery Throwback Thursdays
 A “Random” Idea on Search Sampling: eDiscovery Throwback Thursdays 317 320 CloudNine

Last Thursday, we talked about how to determine an appropriate sample size to test your search results as well as the items NOT retrieved by the search, using a site that provides a sample size calculator. Today, we’ll talk about how to make sure the sample size is randomly selected.

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This Blog Post Will Not Be Automatically Deleted, But Your Instant Message Might Be: eDiscovery Trends
 This Blog Post Will Not Be Automatically Deleted, But Your Instant Message Might Be: eDiscovery Trends 582 437 CloudNine

The sources of electronically stored information (ESI) are more varied than ever. Now, they routinely include text messages and messages from instant messaging apps. But, depending on the instant message app – or the archive option for any messaging app, that ESI might not be available at litigation time.

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Court Rejects Plaintiff’s Timeliness and Form Served Arguments; Grants Defendant’s Motion to Compel: eDiscovery Case Law
 Court Rejects Plaintiff’s Timeliness and Form Served Arguments; Grants Defendant’s Motion to Compel: eDiscovery Case Law 479 270 CloudNine

In Frey v. Minter, Georgia Chief U.S. District Court Judge Clay D. Land rejected the plaintiff’s arguments that the defendant’s discovery requests were untimely and were not properly served and granted the defendant’s motion to compel against the plaintiff. With regard to the defendant’s motion to compel against a non-party law firm, Judge Clay ordered that firm to provide the defendant with an estimated cost for responding to the requests, and upon payment of those costs, to produce the documents within twenty-one days.

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Got Data Across Borders? The Sedona Conference Has a Commentary for You: eDiscovery Best Practices
 Got Data Across Borders? The Sedona Conference Has a Commentary for You: eDiscovery Best Practices 428 600 CloudNine

Lately, it seems like we have a new publication from The Sedona Conference® (TSC) every couple of months or so. This latest publication provides guidance to those that are transferring data across borders.

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Discovery “Cautionary Tale” Leads to Recommendations of Default Judgment Against Defendants: eDiscovery Case Law
 Discovery “Cautionary Tale” Leads to Recommendations of Default Judgment Against Defendants: eDiscovery Case Law 479 270 CloudNine

In Abbott Laboratories, et al. v. Adelphia Supply USA, et al., New York Magistrate Judge Lois Bloom, noting that the plaintiff’s motion for case ending sanctions against H&H Wholesale Services, Inc., its principal, Howard Goldman, and its marketing manager and Mr. Goldman’s wife, Lori Goldman (“H&H Defendants”) for wide-scale discovery misconduct “presents a cautionary tale about how not to conduct discovery in federal court” recommended that the plaintiffs’ motion be granted, and that the Court should enter a default judgment against the H&H Defendants.

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Determining Appropriate Sample Size to Test Your Search: eDiscovery Throwback Thursdays
 Determining Appropriate Sample Size to Test Your Search: eDiscovery Throwback Thursdays 317 320 CloudNine

One part of searching best practices is to test your search results (both the result set and the files not retrieved) to determine whether the search you performed is effective at maximizing both precision and recall to the extent possible, so that you retrieve as many responsive files as possible without having to review too many non-responsive files. One question I often get is: how many files do you need to review to test the search? Let’s take a look.

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#metoo and the Increasing Investigation Emphasis on eDiscovery: eDiscovery Trends
 #metoo and the Increasing Investigation Emphasis on eDiscovery: eDiscovery Trends 551 310 CloudNine

In our April webcast (Discovery Isn’t Just for Litigation Anymore), conducted by Tom O’Connor and me, we discussed a number of factors that are increasing the need for eDiscovery software and services, including compliance considerations with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). The need for eDiscovery in internal investigations is on the rise as well and one of the most significant factors is workplace harassment and #metoo, which we also discussed in that webcast. Here’s another indication of the growth of that factor.

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The Price is Right. Or is it? You Be the Judge: eDiscovery Trends
 The Price is Right. Or is it? You Be the Judge: eDiscovery Trends 342 342 CloudNine

Talking about eDiscovery pricing in this industry is like talking about Fight Club, the first rule and second rule seems to be that you don’t talk about it. Only Rob Robinson could get 81 people to talk about what isn’t talked about in this industry.

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