Our Insights on eDiscovery

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What is the Future of the Legal Technology Conference?
 What is the Future of the Legal Technology Conference? 552 453 CloudNine

I was recently asked to write about the upcoming ILTACON19 conference. But that discussion leads naturally to the larger question about the current state of legal tech conferences. What exactly is going on with legal tech conferences? A number of renowned legal commentators have been asking the same question all year. In this series, I’ll take a look at some of their observations and provide some of my own and analysis of legal tech conferences out there today.

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Another Case of Judicial “Friending”, But with a Different Result: eDiscovery Case Law
 Another Case of Judicial “Friending”, But with a Different Result: eDiscovery Case Law 479 270 CloudNine

This is the second case we’ve seen recently regarding judges and Facebook “friendship” with other parties – in the other one, the case was the reversed and remanded for further proceedings before a different judge due to the judge’s Facebook “friendship” with one of the parties. This time, it’s the judge’s Facebook friendship with one of the attorneys in the case. This one had a different outcome.

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When Preparing Production Sets, Quality is Job 1: eDiscovery Throwback Thursdays
 When Preparing Production Sets, Quality is Job 1: eDiscovery Throwback Thursdays 337 341 CloudNine

Last time, we talked about addressing parameters of production up front to ensure that those requirements make sense and avoid foreseeable production problems well before the production step. Today, we will talk about quality control (QC) mechanisms to make sure that the production is complete and accurate.

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Mobile Phone Spoliation Ends Not One, But Two Cases for Kevin Spacey: eDiscovery Case News
 Mobile Phone Spoliation Ends Not One, But Two Cases for Kevin Spacey: eDiscovery Case News 731 453 CloudNine

If you keep track of Hollywood news, you probably already know this story. But, as David Horrigan discussed in an article last week, you may not know all the details or what it might mean for future cases.

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Here’s a Webinar TODAY to Learn about Preserving and Analyzing Smartphone Data: eDiscovery Best Practices
 Here’s a Webinar TODAY to Learn about Preserving and Analyzing Smartphone Data: eDiscovery Best Practices 310 447 CloudNine

In our webcast last week (Key eDiscovery Case Law Review for the First Half of 2019), Tom O’Connor and I discussed several cases where spoliation and sanctions associated with smartphone ESI were the key issue being addressed. Let’s face it, discoverability of mobile devices has become a standard consideration in litigation these days. But, how can you ensure you’re properly preserving the ESI on your smartphone and how can you get the most out of the data it contains? Here’s a webinar TODAY that discusses that very topic!

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Having the Right Technology is Only One Piece of the Puzzle: eDiscovery Trends
 Having the Right Technology is Only One Piece of the Puzzle: eDiscovery Trends 343 341 CloudNine

We all get the eDiscovery technology is changing – in large part because the demands of eDiscovery are changing. Amazingly enough though, it’s not just about the technology – as a recent article discusses, it’s as much about the training on how to use the technology as it is about the capabilities of the technology itself.

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Court Sanctions Plaintiff for Spoliation of Facebook Account: eDiscovery Case Law
 Court Sanctions Plaintiff for Spoliation of Facebook Account: eDiscovery Case Law 532 353 CloudNine

In Cordova v. Walmart Puerto Rico, Inc. et al., Puerto Rico District Judge Aida M. Delgado-Colon granted in part and denied in part the defendant’s motion to dismiss for fraud on the Court, denying the defendant’s request for dismissal, but imposing a sanction of adverse inference regarding the content of the plaintiff’s Facebook page and her deletion of the related account. Judge Delgado-Colon also ordered the defendant to “submit a proposed adverse-inference jury instruction to that effect before trial.”

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In Search of Cases Where Production of Databases Has Been Ordered: eDiscovery Case Law
 In Search of Cases Where Production of Databases Has Been Ordered: eDiscovery Case Law 532 353 CloudNine

Shark Week on the Discovery Channel continues, which means Case Week on the eDiscovery Channel (a.k.a., eDiscovery Daily) continues as well. Despite a few technical difficulties early on, Tom O’Connor and I had another great webcast yesterday on Key eDiscovery Case Law Review for the First Half of 2019. During the webcast, one attendee asked about case law examples where parties have been ordered to produce (or provide access to) databases in response to discovery requests, so I’ve done some research and have the results here.

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Today’s Webcast Will Help You Learn About Key eDiscovery Case Law in 2019 (so far) and How it Affects You: eDiscovery Webcasts
 Today’s Webcast Will Help You Learn About Key eDiscovery Case Law in 2019 (so far) and How it Affects You: eDiscovery Webcasts 532 353 CloudNine

Shark Week on the Discovery Channel continues, which means Case Week on the eDiscovery Channel (a.k.a., eDiscovery Daily) continues as well. So far, 2019 has been another interesting year with notable and important case law decisions related to eDiscovery best practices. What do you need to know about the cases to avoid mistakes made by others and save time and money for your clients? In today’s webcast, you can catch up on twenty-two (!) cases from the first half of the year and find out what they mean to you!

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Court Recommends Finding of Intent to Deprive for Defendant’s Lost Text Messages: eDiscovery Case Law
 Court Recommends Finding of Intent to Deprive for Defendant’s Lost Text Messages: eDiscovery Case Law 532 353 CloudNine

In NuVasive, Inc. v. Kormanis, North Carolina Magistrate Judge L. Patrick Auld recommended that, “because the record supports but does not compel a ‘finding that [Defendant Kormanis] acted with the intent to deprive [Plaintiff] of the [lost text messages’] use in the litigation, the Court submit that issue to the ‘jury, [with] the [C]ourt’s instruction[s] mak[ing] clear that the jury may infer from the loss of the [text messages] that [they were] unfavorable to [Defendant Kormanis] only if the jury first finds that [he] acted with the intent to deprive [Plaintiff] of the[ir] use in the litigation’”.

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