Our Insights on eDiscovery

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What’s a Lawyer’s Duty When a Data Breach Occurs within the Law Firm: Cybersecurity Best Practices
 What’s a Lawyer’s Duty When a Data Breach Occurs within the Law Firm: Cybersecurity Best Practices 150 150 CloudNine

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
 Court Denies Plaintiff’s Motion to Compel Production of ESI Related to 34 Searches: eDiscovery Case Law 150 150 CloudNine

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
 Answers to Your Frequently Asked CCPA Questions: Data Privacy Best Practices 150 150 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.

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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 150 150 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).”

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A Mergers-Acquisitions-Investments Update and a CloudNine Product Update: eDiscovery Trends
 A Mergers-Acquisitions-Investments Update and a CloudNine Product Update: eDiscovery Trends 150 150 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.

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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 150 150 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.

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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 150 150 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.

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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 150 150 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 150 150 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 150 150 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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