Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.

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

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

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

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

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

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

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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