Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
Close
Enter your
text here
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.

read more
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).”

read more
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.

read more
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.

read more
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.

read more
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.

read more
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!

read more
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.

read more
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.

read more
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.

read more