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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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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The Enron Data Set is No Longer a Representative Test Data Set: eDiscovery Best Practices
 The Enron Data Set is No Longer a Representative Test Data Set: eDiscovery Best Practices 339 258 CloudNine

If you attend any legal technology conference where eDiscovery software vendors are showing their latest software developments, you may have noticed the data that is used to illustrate features and capabilities by many of the vendors – it’s data from the old Enron investigation. The Enron Data Set has remained the go-to data set for years as the best source of high-volume data to be used for demos and software testing. And, it’s still good for software demos. But, it’s no longer a representative test data set for testing – at least not as it’s constituted – and it hasn’t been for a good while. Let’s see why.

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In Lawsuit Over Prince Music, Court Grants Monetary But Not Adverse Inference Sanctions (Yet): eDiscovery Case Law
 In Lawsuit Over Prince Music, Court Grants Monetary But Not Adverse Inference Sanctions (Yet): eDiscovery Case Law 479 270 CloudNine

In Paisley Park Enter., Inc. v. Boxill, Minnesota Magistrate Judge Tony N. Leung granted in part the plaintiffs’ Motion for Sanctions Due to Spoliation of Evidence, ordering the Rogue Music Alliance (“RMA”) Defendants to pay reasonable expenses, including attorney’s fees and costs, that Plaintiffs incurred as a result of the RMA Defendants’ “misconduct”, and also ordered the RMA Defendants to pay into the Court a fine of $10,000, but chose to defer consideration of adverse inference instruction sanctions to a later date, closer to trial.

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Now, Wait Just an Internet Minute!: eDiscovery Trends
 Now, Wait Just an Internet Minute!: eDiscovery Trends 600 671 CloudNine

Have I mentioned lately that I love…an infographic? Well, let me mention it again! The past three years, we’ve taken a look at a terrific infographic each year that illustrated what happens within the internet in a typical minute. Last week, the 2019 internet minute graphic came out, so, let’s take a look at what happens in an internet minute in 2019.

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According to Consilio, Strong Majority of Companies are Increasing Investment in Detecting “Bad Behaviors”: eDiscovery Trends
 According to Consilio, Strong Majority of Companies are Increasing Investment in Detecting “Bad Behaviors”: eDiscovery Trends 341 341 CloudNine

As I’ll be discussing in my presentation next week at the University of Florida E-Discovery Conference, there are a lot of reasons why organizations should be focusing a lot more of their eDiscovery efforts on compliance and investigations. Last week, Consilio released the results of a survey that indicates that they appear to be doing just that.

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Understanding Blockchain and its Impact on Legal Technology, Part Six
 Understanding Blockchain and its Impact on Legal Technology, Part Six 490 347 CloudNine

So, where do we go from here from a legal technology standpoint? Let’s take a look at some current developments.

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Here’s a Webcast to Learn about Blockchain and How it Impacts Legal Technology: eDiscovery Webcasts
 Here’s a Webcast to Learn about Blockchain and How it Impacts Legal Technology: eDiscovery Webcasts 464 265 CloudNine

Miss our webcasts? We’re back! 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? Here’s a webcast that will answer those questions – and more!

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The March Toward Technology Competence (and Possibly Predictive Coding Adoption) Continues: eDiscovery Best Practices
 The March Toward Technology Competence (and Possibly Predictive Coding Adoption) Continues: eDiscovery Best Practices 462 451 CloudNine

I know, because it’s “March”, right? :o) Anyway, it’s about time is all I can say. My home state of Texas has finally added its name to the list of states that have adopted the ethical duty of technology competence for lawyers, becoming the 36th state to do so. And, we have a new predictive coding survey to check out.

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Understanding Blockchain and its Impact on Legal Technology, Part Four
 Understanding Blockchain and its Impact on Legal Technology, Part Four 490 347 CloudNine

Several actual use case examples may show the actual utility of blockchain. Let’s take a look at a few of them.

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