Our Insights on eDiscovery

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Simon Says Two Years After Spoliation is Discovered is Too Late for Sanctions: eDiscovery Case Law
 Simon Says Two Years After Spoliation is Discovered is Too Late for Sanctions: eDiscovery Case Law 479 270 CloudNine

In Wakefield v. Visalus, Inc., Oregon District Judge Michael H. Simon denied the plaintiff’s motion for sanctions against the defendant for automatic deletion of call records, ruling that since the plaintiff knew about the deletion of call records for over two years, her motion was “untimely”.

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Data Privacy Compliance Isn’t Just for Europe or California Anymore: Data Privacy Trends
 Data Privacy Compliance Isn’t Just for Europe or California Anymore: Data Privacy Trends 339 331 CloudNine

We have covered Europe’s General Data Protection Regulation (GDPR) over several posts the past couple of years and even conducted a webcast on the topic last year. And, we have covered the California Consumer Privacy Act (CCPA) several times as well, including as recently as last week. But, what about the rest of the wide, wide world? Do countries in other parts of the world have data privacy policies as well? Yes. Do they mimic GDPR policies? Not necessarily.

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Appeals Court Reverses Jury Decision Based on Failure of Court to Issue Spoliation Sanction: eDiscovery Case Law
 Appeals Court Reverses Jury Decision Based on Failure of Court to Issue Spoliation Sanction: eDiscovery Case Law 479 270 CloudNine

In Marshall v. Brown’s IA, LLC, the Superior Court of Pennsylvania, ruling that the trial court “abused its discretion in refusing the charge” of an adverse inference sanction against the defendant for failing to preserve several hours of video related to a slip and fall accident, vacated the judgment issued by the jury within the trial court for the defendant and remanded the case for a new trial.

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What’s a Lawyer’s Duty When a Data Breach Occurs within the Law Firm: Cybersecurity Best Practices
 What’s a Lawyer’s Duty When a Data Breach Occurs within the Law Firm: Cybersecurity Best Practices 622 364 CloudNine

When I spoke at the University of Florida E-Discovery Conference last month, there was a question from the live stream audience about a lawyer’s duty to disclose a data breach within his or her law firm. I referenced the fact that all 50 states (plus DC, Guam, Puerto Rico and the Virgin Islands) have security breach notification laws, but I was not aware of any specific guidelines or opinions relating to a lawyer’s duty regarding data breach notification. Thanks to an article I came across last week, I now know that there was a recent ABA opinion on the topic.

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Court Denies Plaintiff’s Motion to Compel Production of ESI Related to 34 Searches: eDiscovery Case Law
 Court Denies Plaintiff’s Motion to Compel Production of ESI Related to 34 Searches: eDiscovery Case Law 479 270 CloudNine

In Lareau v. Nw. Med. Ctr., Vermont District Judge William K. Sessions III denied the plaintiff’s motion to compel production of ESI related to 34 search terms proposed by the plaintiff during meet and confer with the defendant, based on the extrapolation from a single search term that the plaintiff’s production request would require 170 hours of attorney and paralegal time and would produce little, if any, relevant information.

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Answers to Your Frequently Asked CCPA Questions: Data Privacy Best Practices
 Answers to Your Frequently Asked CCPA Questions: Data Privacy Best Practices 265 265 CloudNine

As we discussed last year, the California Consumer Privacy Act (CCPA) is a comprehensive new consumer protection law set to take effect next January 1. And, as we also reported recently, about half of surveyed companies haven’t even started preparing to be CCPA compliant. Maybe that’s because they don’t know where to start to comply and don’t know whether the CCPA applies to their business, what rights will Californians have under CCPA and what impact CCPA will have on their privacy policy. Here are answers to some of those questions.

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Court Denies Sanctions Request Because Defendant Didn’t Prove the Information was Irretrievable: eDiscovery Case Law
 Court Denies Sanctions Request Because Defendant Didn’t Prove the Information was Irretrievable: eDiscovery Case Law 479 270 CloudNine

In Envy Hawaii LLC v. Volvo Car USA LLC, Hawaii District Judge Helen Gillmor denied the defendant’s motion for spoliation sanctions, stating that the defendant “has not established that spoliation sanctions are available because the information it seeks is not “lost” within the meaning of Fed. R. Civ. P. 37(e).”

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A Mergers-Acquisitions-Investments Update and a CloudNine Product Update: eDiscovery Trends
 A Mergers-Acquisitions-Investments Update and a CloudNine Product Update: eDiscovery Trends 336 284 CloudNine

Years ago, there was a TV commercial for chili where the spokesman said “Neighbors, how long has it been since you’ve had a big thick steaming bowl of Wolf brand chili? Well, that’s too long.” It’s been too long since we’ve provided an update of M&A+I activities in eDiscovery, so let’s fix that. Also, I’ve had a lot of questions recently about what’s going on with the products that CloudNine acquired a year ago, so let’s provide an update on that as well.

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Facebook Finally Reveals the Full Extent of the Cambridge Analytica Breach: Cybersecurity Trends
 Facebook Finally Reveals the Full Extent of the Cambridge Analytica Breach: Cybersecurity Trends 275 247 CloudNine

When I see news stories related to eDiscovery, cybersecurity or data privacy that I think would be of interest to our readers, it seems appropriate to share those stories here on this blog. And this story is no exception. It appears we finally now fully understand the extent of the Facebook/Cambridge Analytica breach from a few years ago.

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Court Rejects Carpenter Argument for Third Party Subpoena of Google Subscriber Info: eDiscovery Case Law
 Court Rejects Carpenter Argument for Third Party Subpoena of Google Subscriber Info: eDiscovery Case Law 479 270 CloudNine

In U.S. v. Therrien, Vermont District Judge Christina Reiss denied the defendant’s motion to suppress evidence obtained via a subpoena of Google for subscriber information, rejecting the defendant’s argument that the United States Supreme Court decision in Carpenter v. US forecloses the government’s ability to obtain this type of data without a warrant.

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