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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Plaintiff is Able to Get Some Subpoenas for Personal Data Quashed, But Not All: eDiscovery Case Law
 Plaintiff is Able to Get Some Subpoenas for Personal Data Quashed, But Not All: eDiscovery Case Law 335 269 CloudNine

In Delgado v. Tarabochia, et al., Washington District Judge Robert S. Lasnik granted in part and denied in part the plaintiff’s motion to quash subpoenas for personal phone records and bank records, finding that phone records before the plaintiff’s hand injury on the defendant’s fishing boat were “of vital importance to defendants’ theory of the case”, but that the need for pre-incident bank records was not proportional to the needs of the case and that, with regard to subpoenas of post-incident data, defendants were “fishing”.

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As Blockchain Joins the Healthcare Profession, Are Legal Departments Prepared to Keep Up?: eDiscovery Trends
 As Blockchain Joins the Healthcare Profession, Are Legal Departments Prepared to Keep Up?: eDiscovery Trends 424 359 CloudNine

When we hear the word blockchain, most of us still think of Bitcoin, that mysterious new currency that seems to equally enthrall forward thinking investors and less-than-savory entrepreneurs who lurk around the darkest parts of the Dark Web. But blockchain technology is finding more and more practical uses, most recently in the healthcare industry.

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Freedom of Information? Not Necessarily for Text Messages: eDiscovery Trends
 Freedom of Information? Not Necessarily for Text Messages: eDiscovery Trends 319 194 CloudNine

What percentage of Freedom of Information Act (FOIA) requests actually result in receiving all of the information requested? 75 percent? 50 percent? You might be surprised. Apparently, according to a recent survey, one part of the problem could be the lack of capturing text messages within government organizations.

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Plaintiff Argument for Failure to Produce Cell Phone Data in Wife’s Name is “Unpersuasive”: eDiscovery Case Law
 Plaintiff Argument for Failure to Produce Cell Phone Data in Wife’s Name is “Unpersuasive”: eDiscovery Case Law 479 270 CloudNine

In Ortiz v. Amazon.com LLC, et al, California Magistrate Judge Maria-Elena James ordered the plaintiff, who failed to produce court-ordered cell phone records because the account was in his wife’s name and refused to provide her information, to provide defendant Golden State with his cell phone account holder’s name and address so that defendant could subpoena the cell phone records from her. Judge James also ordered the plaintiff to appear for a deposition in San Francisco, as originally scheduled, instead of Los Angeles (where the plaintiff had moved).

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Unsure About How to Map Your Data for GDPR? Here are Several Templates to Get Started: Data Privacy Best Practices
 Unsure About How to Map Your Data for GDPR? Here are Several Templates to Get Started: Data Privacy Best Practices 344 343 CloudNine

Now that Europe’s General Data Protection Regulation (GDPR) is in effect, all organizations out there have a good handle on all of their data, including which personally identifiable information (PII) they handle for European data subjects out there and clear policies for how they ensure protection of that PII. Right? OK, maybe not. If your organization is still scrambling to comply with GDPR and still trying to get a handle on the data you’re managing and the flow of that data, here is a site with several templates to help you get started in that process.

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Collecting Responsive ESI from Difficult Places: eDiscovery Webcasts
 Collecting Responsive ESI from Difficult Places: eDiscovery Webcasts 463 261 CloudNine

Believe it or not, there was a time when collecting potentially responsive ESI from email systems for discovery was once considered overly burdensome. Now, it’s commonplace and much of it can be automated. But, that’s not where all of the responsive ESI resides today – much of it is on your mobile device, in social media platforms and even in Internet of Things (IoT) devices. Are you ignoring this potentially important data? Do you have to hire a forensics professional to collect this data or can you do much of it on your own? We will discuss these and other questions in a webcast in a few weeks.

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Court Denies Plaintiff Request for “Quick Peek” to Privilege Log, Proposing Special Master Review Instead: eDiscovery Case Law
 Court Denies Plaintiff Request for “Quick Peek” to Privilege Log, Proposing Special Master Review Instead: eDiscovery Case Law 479 270 CloudNine

In Winfield v. City of New York, New York Magistrate Judge Katherine H. Parker, ruling on a debate of what constitutes privileged ESI, denied the plaintiff’s request for a “quick peek” at 3,300 documents listed on the defendant’s privilege log, opting to propose instead for a special master to conduct a privilege review of those documents.

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Today is the Day for eDiscovery for the Rest of Us!: eDiscovery Webcasts
 Today is the Day for eDiscovery for the Rest of Us!: eDiscovery Webcasts 460 261 CloudNine

Does it seem like eDiscovery technology today is only for the “mega-firms” and “mega-cases”? What about for the “rest of us”? Are there solutions for the small firms and cases too? What does the average lawyer need to know about eDiscovery today and how to select a solution that’s right for them? Find out in our webcast today!

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Court Grants Adverse Inference Sanction Against Infringing Author: eDiscovery Case Law
 Court Grants Adverse Inference Sanction Against Infringing Author: eDiscovery Case Law 479 270 CloudNine

In Nunes v. Rushton, Utah District Judge Jill N. Parrish, ruling that the plaintiff was prejudiced by the deletion of one of the defendant’s Google “sock puppet” accounts, granted the plaintiff’s motion for sanctions in part, ordering an adverse instruction to the jury regarding the “bad faith” deletion of that account. Judge Parrish denied the motion with regard to several other accounts, ruling that the plaintiff was not prejudiced by deletion of those accounts (as most of the information was still available or recoverable).

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Webcast: Collecting Responsive ESI from Difficult Places (June 20, 2018)
 Webcast: Collecting Responsive ESI from Difficult Places (June 20, 2018) 150 150 CloudNine

This CLE-approved webcast will discuss what lawyers need to know about the various sources of ESI today, examples of how those sources of data can be responsive to litigations and investigations, and how lawyers may be able to collect much of this data today using intuitive applications and simple approaches.

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