Our Insights on eDiscovery

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ILTACON 2018 Preview Edition: eDiscovery Trends
 ILTACON 2018 Preview Edition: eDiscovery Trends 792 223 CloudNine

Believe it or not, it’s almost time for another ILTACON! ILTACON is the annual conference for the International Legal Technology Association (ILTA). This year, it’s the 41st annual conference and it’s being held at the Gaylord National Resort and Conference Center at National Harbor, MD from August 19 to August 23. eDiscovery Daily will once again be covering the show and CloudNine will exhibiting at the show and participating in a major way. If you’re going to be in the Washington DC/National Harbor area, you may want to check out a few of these sessions regarding eDiscovery and Information Governance.

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Even with Bad Communication and Unfulfilled Discovery Obligations, Sanctions Still Not Granted: eDiscovery Case Law
 Even with Bad Communication and Unfulfilled Discovery Obligations, Sanctions Still Not Granted: eDiscovery Case Law 532 353 CloudNine

In US v SuperValu, Illinois District Judge Richard Mills ruled against sanctions requested by the defendants at this time, even though the relators didn’t “live up to their discovery obligations.”

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Court Rules Non-Party Subpoenaed ESI Not Subject to 100-Mile Boundary: eDiscovery Case Week
 Court Rules Non-Party Subpoenaed ESI Not Subject to 100-Mile Boundary: eDiscovery Case Week 532 353 CloudNine

In Curtis v. Progressive N. Ins. Co., Oklahoma District Judge Robin J. Cauthron, noting that the non-party “subpoena at issue does not require the travel or attendance of any witnesses and Plaintiff is requesting the production of electronic documents”, found that “there is no violation of the 100-mile limitation for electronic documents pertaining to Rule 54” and granted the plaintiff’s Motion to Compel Compliance with Subpoena directed to the non-party.

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Today is the Day to Learn How eDiscovery Case Law from Earlier This Year Can Guide You in Future Cases: eDiscovery Case Week
 Today is the Day to Learn How eDiscovery Case Law from Earlier This Year Can Guide You in Future Cases: eDiscovery Case Week 532 353 CloudNine

eDiscovery Case Week continues during The Discovery Channel’s Shark Week (that’s the other discovery)! Legal precedents set by past case law decisions remain one of the best ways to guide lawyers on how to do their job and avoid mistakes made by others, especially when it relates to eDiscovery best practices. Are you aware of recent case law decisions related to eDiscovery best practices and what that those decisions mean to your organization? Get up to date today!

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Litigate or Settle? Info You Need to Make Case Decisions (August 29, 2018)
 Litigate or Settle? Info You Need to Make Case Decisions (August 29, 2018) 150 150 CloudNine

This CLE-approved webcast will discuss how litigation has evolved over the years, how that impacts discovery and what you need to know to decide on the best course of action for each case.

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SCOTUS Says Warrantless Access of Cell Phone Locations Violates Fourth Amendment: eDiscovery Case Week
 SCOTUS Says Warrantless Access of Cell Phone Locations Violates Fourth Amendment: eDiscovery Case Week 532 353 CloudNine

In Carpenter v. U.S., The United States Supreme Court (SCOTUS) held, in a 5–4 decision authored by Chief Justice Roberts, that the government violates the Fourth Amendment to the United States Constitution by accessing historical records containing the physical locations of cellphones without a search warrant.

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Court Declines to Compel Defendant to Produce Direct Messages Between its Employees: eDiscovery Case Week
 Court Declines to Compel Defendant to Produce Direct Messages Between its Employees: eDiscovery Case Week 532 353 CloudNine

In Shenwick v. Twitter, Inc., California Magistrate Judge Sallie Kim ruled on several discovery disputes between the parties, including denial of a request by the plaintiffs to order the defendants to produce protected direct messages of individual custodians who are not parties.

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Don’t Be “Chicken”! Consider Having a Good Protocol for Handling eDiscovery: eDiscovery Case Week
 Don’t Be “Chicken”! Consider Having a Good Protocol for Handling eDiscovery: eDiscovery Case Week 532 353 CloudNine

In the In re Broiler Chicken Antitrust Litigation, Illinois Magistrate Judge Jeffrey Gilbert appointed a special master (noted Technology Assisted Review expert Maura Grossman) to help the parties resolve eDiscovery disputes. Judge Gilbert and Special Master Grossman issued a very detailed procedure (Order Regarding Search Methodology for Electronically Stored Information) for how the parties were to conduct TAR, including search, validation and document sourcing approaches, split into three primary sections: (1) how the parties will act, (2) what search technologies will be used, and (3) an outline of a document review validation protocol.

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Want to Learn More About the Sedona Conference Primer on Social Media? Check Out this Video: eDiscovery Best Practices
 Want to Learn More About the Sedona Conference Primer on Social Media? Check Out this Video: eDiscovery Best Practices 428 600 CloudNine

As we discussed earlier this month, The Sedona Conference® (TSC) and its Working Group 1 on Electronic Document Retention & Production (WG1) have announced the publication of the Public Comment Version of The Sedona Conference Primer on Social Media, Second Edition. Want to learn more about it without reading the 58 page PDF file? Check out this video.

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Women in eDiscovery and South Texas College of Law Team Up for Another Houston Conference: eDiscovery Best Practices
 Women in eDiscovery and South Texas College of Law Team Up for Another Houston Conference: eDiscovery Best Practices 716 321 CloudNine

Last year, I was honored to participate in the inaugural eDiscovery “Legal Technology Showcase & Conference” at South Texas College of Law in downtown Houston, hosted by the Women in eDiscovery (WiE), Houston Chapter. The event was such a success they’re doing it again this year!

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