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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To Preserve Sanction Potential, Plaintiff Fights To NOT Have Claim Against Them Dismissed: eDiscovery Case Law
 To Preserve Sanction Potential, Plaintiff Fights To NOT Have Claim Against Them Dismissed: eDiscovery Case Law 150 150 CloudNine

Yes, you read that right. In DR Distrib., LLC v. 21 Century Smoking, Inc., Illinois District Judge Iain D. Johnston denied the defendants’ Motion for Leave to Amend their counterclaim to remove their own defamation counterclaim (Count VIII) against the plaintiffs – a move to which the plaintiffs objected, because it could eliminate their chance to pursue sanctions against the defendants for ESI spoliation.

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Emoji Are Showing Up in Court Cases More and More: eDiscovery Trends
 Emoji Are Showing Up in Court Cases More and More: eDiscovery Trends 150 150 CloudNine

Without a doubt, our forms of communication are continuing to evolve from just email and we now have to add social media, text messaging and other messaging apps as forms of communication that need to be routinely preserved, collected, processed, reviewed and produced. But, it’s not just the forms of communication that are changing, it’s the way we communicate that is changing as well. So, you may or may not be surprised that emoji (yes, the plural of “emoji” is still “emoji”, at least officially) are showing up in court cases exponentially.

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No Bad Faith Means No Sanctions for Failing to Preserve Video of Altercation: eDiscovery Case Law
 No Bad Faith Means No Sanctions for Failing to Preserve Video of Altercation: eDiscovery Case Law 150 150 CloudNine

In Stovall v. Brykan Legends, LLC, Kansas Magistrate Judge James P. O’Hara denied the plaintiff’s motion for sanctions based on the defendant’s alleged spoliation of a surveillance video that shows an altercation between the plaintiff and her supervisor, stating that “plaintiff has failed to meet the requirements of Fed. R. Civ. P. 37(e)(2)”.

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How Many States Have Security Breach Notification Laws? You Might Be Surprised: Cybersecurity Trends
 How Many States Have Security Breach Notification Laws? You Might Be Surprised: Cybersecurity Trends 150 150 CloudNine

Usually, I end each blog post with “So, what do you think?”, but this time I’m starting with it. How many states do you think have some sort of legislation requiring private or governmental entities to notify individuals of security breaches of information involving personally identifiable information (PII)? Ten? Twenty? Thirty? You might be surprised.

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NY Appeals Court Extends Discoverability of Social Media Photos to “Tagged” Photos: eDiscovery Case Law
 NY Appeals Court Extends Discoverability of Social Media Photos to “Tagged” Photos: eDiscovery Case Law 150 150 CloudNine

In Vasquez-Santos v. Mathew, the New York Appellate Division, First Department panel “unanimously reversed” an order by the Supreme Court, New York County last June that denied the defendant’s motion to compel access by a third-party data mining company to plaintiff’s devices, email accounts, and social media accounts, so as to obtain photographs and other evidence of plaintiff engaging in physical activities and granted the defendant’s motion.

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My Love for What I Do: eDiscovery Love Story
 My Love for What I Do: eDiscovery Love Story 150 150 CloudNine

It’s Valentine’s Day! As you can guess from the picture for this post, I do! I hope you all have a special someone with which you can share Valentine’s Day. Regardless of that, I hope you all love what you do as much as I do.

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Germans Order Facebook To Change How it Collects User Data: Data Privacy Trends
 Germans Order Facebook To Change How it Collects User Data: Data Privacy Trends 150 150 CloudNine

Two days, two stories about Germans finding fault with companies’ handling of personal data….

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In Today’s Privacy Environment, That’s the Way the (Website) Cookie Crumbles: Data Privacy Trends
 In Today’s Privacy Environment, That’s the Way the (Website) Cookie Crumbles: Data Privacy Trends 150 150 CloudNine

It’s only been three weeks, but we’ve already talked plenty about the first big GDPR fine of €50 million (or about $56.8 million) fine to Google for failing to comply with GDPR. Sure, you’re thinking “that’s Google, I can see how they got fined, but nothing to worry about here”. Right? Well, you may want to think again.

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Court Denies Non-Party’s Request to Quash Subpoena in Telecommunications Dispute: eDiscovery Case Law
 Court Denies Non-Party’s Request to Quash Subpoena in Telecommunications Dispute: eDiscovery Case Law 150 150 CloudNine

In Fair v. Commc’ns Unlimited Inc., Missouri District Judge Rodney W. Sippel denied the motion to quash discovery filed by non-party Charter Communications (Charter), finding that the plaintiff had demonstrated that she had been unable to obtain the information from the defendants, that her request was not overbroad or unduly burdensome, that the information requested would not disclose personally identifiable information (PII) and that any sensitive or confidential information could be protected with redactions or a protective order.

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EDRM Releases the Final Version of its TAR Guidelines: eDiscovery Best Practices
 EDRM Releases the Final Version of its TAR Guidelines: eDiscovery Best Practices 150 150 CloudNine

During last year’s EDRM Spring Workshop, I discussed on this blog that EDRM had released the preliminary draft of its Technology Assisted Review (TAR) Guidelines for public comment. They gave a mid-July deadline for comments and I even challenged the people who didn’t understand TAR very well to review it and provide feedback – after all, those are the people who would hopefully stand to benefit the most from these guidelines. Now, over half a year later, EDRM has released the final version of its TAR Guidelines.

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