Our Insights on eDiscovery

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Florida Appeals Court Upholds Ruling that Non-Party Had No Duty to Preserve Evidence: eDiscovery Case Law
 Florida Appeals Court Upholds Ruling that Non-Party Had No Duty to Preserve Evidence: eDiscovery Case Law 150 150 CloudNine

In Shamrock-Shamrock, Inc. v. Remark, the District Court of Appeal of Florida, Fifth District affirmed the summary final judgment in favor of the Appellee, holding that Florida law does not impose a duty on nonparties to litigation to preserve evidence based solely on the foreseeability of litigation.

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Here’s the “eDisclosure” Systems Buyers Guide for 2019: eDiscovery Trends
 Here’s the “eDisclosure” Systems Buyers Guide for 2019: eDiscovery Trends 150 150 CloudNine

Yep, it’s that time of year again. Time for Andrew Haslam’s annual eDisclosure Systems Buyers Guide!

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Court Rules Defendant Objections to Discovery Requests Are Too Late, Too Little: eDiscovery Case Law
 Court Rules Defendant Objections to Discovery Requests Are Too Late, Too Little: eDiscovery Case Law 150 150 CloudNine

In Thomas on Behalf of Estate of Thomas v. Bannum Place, Inc., Michigan Magistrate Judge Anthony P. Patti granted and denied the plaintiff’s motion to compel in part, ruling that all of the defendant’s objections to the plaintiff’s discovery requests “are WAIVED…because of its failure to timely respond and object to either set of Plaintiff’s discovery requests.” Judge Patti also granted “reasonable expenses” to the plaintiff in bringing her motion to compel.

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It’s Time for the EDRM 2019 Workshop and Forum at Duke Law School: eDiscovery Best Practices
 It’s Time for the EDRM 2019 Workshop and Forum at Duke Law School: eDiscovery Best Practices 150 150 CloudNine

Two days, two posts about eDiscovery education and best practices at law schools! Yes, it’s time for the annual Duke/EDRM Workshop in Durham, NC, later this month. And, you don’t have to be a member of Duke/EDRM to attend!

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Ready for In-Depth eDiscovery Training? Head to Georgetown: eDiscovery Best Practices
 Ready for In-Depth eDiscovery Training? Head to Georgetown: eDiscovery Best Practices 150 150 CloudNine

There are training courses and there are training courses, but there is no more in-depth eDiscovery training course than the Georgetown Law Center eDiscovery Training Academy. Once again, it is coming up in just over a month. And, if you hurry, you can save on registration!

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Court Grants Motion to Compel Production of Telephone Records from Individual Plaintiff: eDiscovery Case Law
 Court Grants Motion to Compel Production of Telephone Records from Individual Plaintiff: eDiscovery Case Law 150 150 CloudNine

In Siemers v. BNSF Railway Co., Nebraska Magistrate Judge Susan M. Bazis finding that the plaintiff’s telephone records are discoverable pursuant to Fed. R. Civ. P. 26, that they are not subject to a privilege claim just because plaintiff’s counsel’s telephone number may appear in the records and that privacy issues are minimal to non-existent (since the at-issue records do not contain the substance of communications), ordered the plaintiff to produce his telephone records within one week of the order.

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Another Sedona Conference Commentary Published: eDiscovery Best Practices
 Another Sedona Conference Commentary Published: eDiscovery Best Practices 150 150 CloudNine

Last week, I discussed two public comment publications from The Sedona Conference® (TSC) from last year that were published in final form over the past few weeks. Now, TSC has announced a new publication from and its Working Group 11 on Data Security and Privacy Liability (WG11) that evaluates the application of the attorney-client privilege and work-product protection doctrine to an organization’s cybersecurity information.

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What Does a Record Number of Responses Show Regarding eDiscovery Business Confidence?: eDiscovery Trends
 What Does a Record Number of Responses Show Regarding eDiscovery Business Confidence?: eDiscovery Trends 150 150 CloudNine

As promised yesterday, I’m here to cover the results of the Spring 2019 eDiscovery Business Confidence Survey, published (as always) on Rob Robinson’s terrific Complex Discovery site. So, how confident are individuals working in the eDiscovery ecosystem in the business of eDiscovery? Let’s see.

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Craig Ball’s Wayback Machine and Look at the Mueller Report: eDiscovery Best Practices
 Craig Ball’s Wayback Machine and Look at the Mueller Report: eDiscovery Best Practices 150 150 CloudNine

Some weeks there is so much to cover in eDiscovery that it’s difficult to get to everything. This is one of those weeks. Like me, several of you are fans of Rob Robinson’s quarterly eDiscovery Business Confidence Survey on his Complex Discovery blog and he has just published the results of his Spring 2019 Survey, which are very interesting and I will (hopefully) post my normal analysis on that tomorrow. But, Craig Ball has posted – not just one, but two – interesting posts on his Ball in Your Court blog this week that definitely need to be covered as well. “Ball” comes before “Robinson” alphabetically, so I’ll cover his posts first. ;o)

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Two Weeks, Two Sedona Conference Guides Published: eDiscovery Best Practices
 Two Weeks, Two Sedona Conference Guides Published: eDiscovery Best Practices 150 150 CloudNine

Last year, The Sedona Conference® (TSC) published a bunch of…er…publications. That included the Public Comment Version of their Primer on Social Media, Second Edition, the Public Comment version of its Commentary on BYOD: Principles and Guidance for Developing Policies and Meeting Discovery Obligations and the final version of its new Data Privacy Primer. Now, TSC has published the final versions of two other guides for which it published the public comment version last year.

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