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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Court Sanctions Plaintiff After Jury Verdict for Failing to Disclose Third Party Communications: eDiscovery Case Law
 Court Sanctions Plaintiff After Jury Verdict for Failing to Disclose Third Party Communications: eDiscovery Case Law 479 270 CloudNine

In Singer Oil Co., LLC v. Newfield Exploration Mid-Continent, Inc., Oklahoma District Judge Vicki Miles-LaGrange ruled that the plaintiff did violate Federal rules by not disclosing the communications its counsel had with the third parties referenced in plaintiff’s counsel’s time records, but found that the defendant’s proposed sanction was an “extremely harsh sanction not warranted by the circumstances involved” and limited the plaintiff sanction to require the plaintiff to pay the attorneys’ fees the defendant incurred in filing its motion for sanctions and its reply.

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Tinder Date Murder Case Highlights the Increasing Complexity of eDiscovery in Criminal Investigations: eDiscovery Trends
 Tinder Date Murder Case Highlights the Increasing Complexity of eDiscovery in Criminal Investigations: eDiscovery Trends 500 375 CloudNine

With things like social media, electronic purchases, GPS tracking, and the Internet of Things, a normal day in anyone’s life creates an in-depth data trail. So, it’s no surprise that more and more, electronic evidence plays a key component in criminal investigations. While eDiscovery technology is mostly used in the civil courts, namely because corporate and government organizations have more resources than municipal, county, and even state law enforcement agencies to conduct reviews of large data-sets, it’s still worthwhile to look at the varied ways electronically stored information (ESI) is used to help detectives piece together a chain of events in order to solve a crime. Here is the story.

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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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