Our Insights on eDiscovery

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Fired IT Guy Deleted 23 of His Ex-Employer’s AWS Servers: Cybersecurity Trends
 Fired IT Guy Deleted 23 of His Ex-Employer’s AWS Servers: Cybersecurity Trends 341 341 CloudNine

When it comes to data breaches and other cybersecurity threats, many people discuss the threats from outside hackers. But, it’s the internal employees who can do as much, if not a lot more, damage to an organization’s IT infrastructure. Especially if the internal employee has been canned and is bent on getting revenge.

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Today is the Day to Learn about Blockchain and How it Impacts Legal Technology: eDiscovery Webcasts
 Today is the Day to Learn about Blockchain and How it Impacts Legal Technology: eDiscovery Webcasts 464 265 CloudNine

If you think you’re hearing more and more about blockchain and bitcoin, you’re probably right. Blockchain is even being discussed as having potential application in legal technology and electronic discovery. But, what exactly is it? How does it work? And, how do you need to be prepared to address it as a legal professional? Today’s webcast that will answer those questions – and more!

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Court Orders Defendant to Respond to Interrogatories to Identify Number of Phone Calls it Made: eDiscovery Case Law
 Court Orders Defendant to Respond to Interrogatories to Identify Number of Phone Calls it Made: eDiscovery Case Law 479 270 CloudNine

In Franklin v. Ocwen Loan Serv., LLC, California District Judge Susan Illston ordered the defendant to respond to interrogatories, “with, at minimum, information regarding the total number of phone calls defendant made during the relevant period to California residents (including any account associated with a California address and any account containing a California area code)” and ordered the parties to stipulate to a method for extrapolating the total number of recorded phone calls defendant made to California residents during the relevant period.

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About Half of Surveyed Companies Haven’t Started Preparing for CCPA: Data Privacy Trends
 About Half of Surveyed Companies Haven’t Started Preparing for CCPA: Data Privacy Trends 291 326 CloudNine

Does this sound familiar? Last week at the University of Florida E-Discovery Conference, I talked about the California Consumer Protection Act (CCPA) as one of the things that organizations need to be prepared to address these days as part of their compliance obligations. Sounds like a lot of organizations haven’t gotten around to that just yet.

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Judge’s Facebook Friendship with Party Causes Decision to Be Reversed and Remanded to Different Judge: eDiscovery Case Law
 Judge’s Facebook Friendship with Party Causes Decision to Be Reversed and Remanded to Different Judge: eDiscovery Case Law 479 270 CloudNine

In the case In Re the Paternity of B.J.M., the Court of Appeals of Wisconsin, concluding that “the circuit court’s undisclosed ESM connection with a current litigant in this case {by accepting a Facebook “friend” request from the litigant} created a great risk of actual bias, resulting in the appearance of partiality”, reversed and remanded the case for further proceedings before a different judge.

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Ignoring Internet of Things Devices Could Be IdIoTic: eDiscovery Trends
 Ignoring Internet of Things Devices Could Be IdIoTic: eDiscovery Trends 667 285 CloudNine

See what I did there? ;o) While I’m speaking at the University of Florida E-Discovery Conference today, let’s take a look at a couple of articles related to Internet of Things (IoT) devices that you need to know from an eDiscovery standpoint.

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Tomorrow is the U-Fla E-Discovery Conference!: eDiscovery Best Practices
 Tomorrow is the U-Fla E-Discovery Conference!: eDiscovery Best Practices 183 185 CloudNine

Usually, I remind you the day of a conference about it, but this one is big enough that I want to give you more time to register – at least for the livestream. Believe it or not, tomorrow is the seventh annual University of Florida E-Discovery Conference. And, as usual, the panel of speakers is an absolute who’s who in eDiscovery.

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According to Survey, Difficulty Getting Budget is the Top Legal Tech Struggle for GCs: eDiscovery Trends
 According to Survey, Difficulty Getting Budget is the Top Legal Tech Struggle for GCs: eDiscovery Trends 342 342 CloudNine

According a new survey from Clyde & Co and Winmark, the number one reason that General Counsel (GCs) struggle with legal tech adoption and implementation is ‘difficulty in getting budget‘. But, don’t blame the board for that. ;o)

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In Decision That Sounds the “Death Knell” for Fifth Amendment Protection, Defendant Ordered to Provide Cell Phone Password: eDiscovery Case Law
 In Decision That Sounds the “Death Knell” for Fifth Amendment Protection, Defendant Ordered to Provide Cell Phone Password: eDiscovery Case Law 479 270 CloudNine

In Commonwealth v. Jones, the Supreme Judicial Court of Massachusetts reversed a lower court judge’s denial of the Commonwealth’s renewed Gelfgatt motion (where the act of entering the password would not amount to self-incrimination because the defendant’s knowledge of the password was already known to the Commonwealth, and was therefore a “foregone conclusion” under the Fifth Amendment and art. 12 of the Massachusetts Declaration of Rights), and the court remanded the case to the Superior Court for entry of an order compelling the defendant to enter the password into the cell phone at issue in the case.

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Facebook Will Shift to Emphasize Encrypted Ephemeral Messages, Zuckerberg Says: eDiscovery Trends
 Facebook Will Shift to Emphasize Encrypted Ephemeral Messages, Zuckerberg Says: eDiscovery Trends 315 444 CloudNine

In a post to Facebook last week, founder Mark Zuckerberg outlined a vision of the future that includes end-to-end encryption and an ephemeral lifespan for private messages and photos. Zuckerberg said that encryption will be one of the keys to Facebook’s future — and that the company is willing to be banned in countries that refuse to let it operate as a result.

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