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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No Proof of Intent to Deprive Means No Adverse Inference Sanction: eDiscovery Case Law

In DriveTime Car Sales Company, LLC v. Pettigrew, Judge George C. Smith granted in part and denied in part the plaintiff’s motion for spoliation sanctions against defendant Pauley Motor, denying the plaintiff’s request for an adverse inference sanction by ruling that “DriveTime has not sufficiently demonstrated that Pauley Motor acted with the requisite intent” when Bruce Pauley failed to take reasonable steps to preserve text messages when he switched to a different phone. Judge Smith did “order curative measures under Rule 37(e)(1)”, allowing the plaintiff to “introduce evidence at trial, if it wishes, of the litigation hold letter and Pauley Motor’s subsequent failure to preserve the text messages.”

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This Makes the Potential GDPR Fine Against British Airways Look Like Peanuts: Data Privacy Trends

It was just last week that we discussed the new (probable) largest fine since the General Data Protection Regulation (GDPR) was enacted last May, with the proposed fine of nearly $230 million against British Airways for a data breach last year. But, this fine approved by the Federal Trade Commission (FTC) against Facebook for data privacy violations makes that fine look like peanuts.

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Thinking Like a Millennial: How Millennials are Changing Discovery, Part Five

The favorite tools of millennials are in use now. We know them. We are trying to adjust to them. But perhaps the problem is not the tools. We must acknowledge the cultural shift in work flows and communication methods influenced by millennials as more employees work remotely, including from home, than ever before. Then we must be prepared to design eDiscovery tools to deal with these changes.

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Move Over Google, Here May Be Your New Largest GDPR Fine: Data Privacy Trends

Now, we’re talking some serious money! In January, we covered the first big fine for failing to comply with Europe’s General Data Protection Regulation (GDPR) when France’s data protection regulator, the Commission nationale de l’informatique et des libertés (CNIL), issued a €50 million fine (about $56.8 million) fine to Google for failing to comply with GDPR. Now, we have a new fine being proposed which is more than four times that amount.

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Chain, Chain, Chain – Chain of Custody: eDiscovery Throwback Thursdays

Here’s our latest blog post in our Throwback Thursdays series where we are revisiting some of the eDiscovery best practice posts we have covered over the years and discuss whether any of those recommended best practices have changed since we originally covered them. Chain of custody tracking is as important as ever. But technology has helped us out here with some mechanisms to automate the delivery of files. Let’s take a look.

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Here’s a Webcast to Learn About Key eDiscovery Case Law in 2019 (so far) and How it Affects You: eDiscovery Webcasts

The appearance of the shark can only mean one thing – it’s time for our eDiscovery case week on The Discovery Channel’s Shark Week! 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? Here’s a webcast where you can catch up on these cases and find out what they mean to you!

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