Our Insights on eDiscovery

Judge Suggests That “Bone-Crushing” Discovery is Needed to Explore Extent of Facebook Breach: Cybersecurity Trends

January 15, 2019

Remember the latest Facebook breach – the one from September of last year that exposed 50 million accounts? I say “latest” because you have to differentiate these days. Well, naturally, that breach spawned several lawsuits. And, the judge presiding over those suits indicated that he will allow Facebook users “bone-crushing” discovery in those lawsuits, saying he’s sympathetic to users’ concerns and that’s worth “real money” — not just “some cosmetic injunctive relief.”

Ice, Ice Baby! Is eDiscovery Business Confidence on Ice or Warming Up?: eDiscovery Trends

January 14, 2019

Hard to believe that we’ve started the fourth year of the Complex Discovery eDiscovery Business Confidence Survey! The results are in for the Winter 2019 eDiscovery Business Confidence Survey and as was the case for the previous three years’ surveys, the results for this year’s Winter survey are published on Rob Robinson’s terrific Complex Discovery site. How confident are individuals working in the eDiscovery ecosystem in the business of eDiscovery? Let’s see.

First Ever Multi-State Data Breach Lawsuit Targets Healthcare Provider: Cybersecurity Trends

January 11, 2019

Just as the number of data breaches continues to rise, the number of lawsuits over data breaches continues to rise as well. Chances are that your data has been hacked at some point from at least one company with which you do business. But this lawsuit is unique.

2018 eDiscovery Case Law Year in Review, Part 4

January 10, 2019

As we noted Monday, Tuesday and yesterday, eDiscovery Daily published 65 posts related to eDiscovery case decisions and activities over the past year, covering 56 unique cases! Yesterday, we looked back at cases related to sanctions and spoliation. Today, let’s take a look back at cases related to the number one category for 2018 (drum roll, please!), disputes regarding proportionality vs. relevancy vs. privacy!

2018 eDiscovery Case Law Year in Review, Part 3

January 9, 2019

As we noted Monday and yesterday, eDiscovery Daily published 65 posts related to eDiscovery case decisions and activities over the past year, covering 56 unique cases! Yesterday, cases related to mobile device discovery, technology assisted review, the use of sampling to settle disputes, objections to production requests, an update on an interesting dispute between an eDiscovery provider and their former sales people and the final(?) post regarding the ubiquitous Apple v. Samsung case. Today, let’s take a look back at cases related to sanctions and spoliation.

2018 eDiscovery Case Law Year in Review, Part 2

January 8, 2019

As we noted yesterday, eDiscovery Daily published 65 posts related to eDiscovery case decisions and activities over the past year, covering 56 unique cases! Yesterday, we looked back at cases related to possession, custody and control, privilege disputes and form of production disputes. Today, let’s take a look back at cases related to mobile device discovery, technology assisted review, the use of sampling to settle disputes, objections to production requests, an update on an interesting dispute between an eDiscovery provider and their former sales people and the final(?) post regarding the ubiquitous Apple v. Samsung case.

2018 eDiscovery Case Law Year in Review, Part 1

January 7, 2019

It’s that time of year again! Time for our annual review of eDiscovery case law! This is our eighth(!) annual review of cases that we covered on the eDiscovery Daily blog over the past year. As always, we had a number of interesting cases related to various eDiscovery topics. So, as we have done for the last seven(!) years, let’s take a look back at 2018!

Here’s a Webcast to Learn about Key Case Law for 2018 and How it Affects Your 2019: eDiscovery Webcasts

January 4, 2019

2018 was another notable year for eDiscovery case law with several significant rulings that stand to impact eDiscovery practices and the admissibility of evidence. How can these key case law decisions affect discovery within your organization? Here’s a webcast that will discuss key case law rulings from last year and their impact on this year.

Court Sides with Defendants in Subpoena of Police Department Records of Unsolved Murder: eDiscovery Case Law

January 3, 2019

In Farmers New World Life Ins. Co. v. Atchison, Oklahoma District Judge Timothy D. DiGiusti granted the “Children” defendants’ Motion to Compel against non-party City of Oklahoma City Police Department (“OCPD”) to comply with the Children’s subpoena of records related to the murder of their father in a civil case with the insurance company.

It’s 2019! Here Are Key Events Happening This Year in eDiscovery: eDiscovery Trends

January 2, 2019

Happy New Year everybody! It’s 2019, and (as Mike Greenberg used to say on the old Mike and Mike ESPN morning sports show), we’re back and better than ever! So, what is happening in eDiscovery in 2019? A lot more than you probably realize and, thanks to Rob Robinson’s Complex Discovery blog, you have one place to check it all out!