Our Insights on eDiscovery

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GDPR is Here! Is Your Law Firm Fully Prepared for It? Maybe Not: Data Privacy Trends
 GDPR is Here! Is Your Law Firm Fully Prepared for It? Maybe Not: Data Privacy Trends 339 331 CloudNine

Unless you live under a rock, you know that the deadline for compliance with Europe’s General Data Protection Regulation (GDPR) has come and gone (it was May 25 – almost three weeks ago now). So, does that mean your law firm is fully ready for it? Based on the results of one survey, the odds are more than 50-50 that they’re not.

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Court Rejects Search Terms by Both Sides as Overly Inclusive: eDiscovery Case Law
 Court Rejects Search Terms by Both Sides as Overly Inclusive: eDiscovery Case Law 479 270 CloudNine

In Am. Municipal Power, Inc. v. Voith Hydro, Inc., Ohio Magistrate Judge Elizabeth A. Preston Deavers ruling on the parties’ arguments from a May discovery conference, concluded that search terms proposed by both parties in the case were overly inclusive.

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Lawyers Failing to Cite Important Cases in Their Briefings is Far From Unprecedented: eDiscovery Case Law
 Lawyers Failing to Cite Important Cases in Their Briefings is Far From Unprecedented: eDiscovery Case Law 620 413 CloudNine

Lawyers often spend hours on legal research to identify cases to cite in their briefings to the court. Hopefully, they do a thorough job and identify all of the key case precedents that can support their case. But, how often do they miss key, highly relevant cases? And, how often do those omissions jeopardize the outcome of their cases? Based on one survey of Federal and State judges, it happens a lot.

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eDiscovery Daily First Ever Call for Important Case Law
 eDiscovery Daily First Ever Call for Important Case Law 479 270 CloudNine

We’ve already covered 21 eDiscovery related case law decisions so far this year (18 of them are case law decisions that happened this year, 3 of them covered early in the year were decisions from last year). Believe it or not, that’s less than we’ve usually covered by this point in the year. But, have we covered the most important case rulings so far this year? Do you have one or more favorite case law decisions so far this year? Now is your chance to weigh in and tell us about it!

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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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