Our Insights on eDiscovery

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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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EDRM Needs Your Input on its TAR Guidelines: eDiscovery Best Practices
 EDRM Needs Your Input on its TAR Guidelines: eDiscovery Best Practices 189 111 CloudNine

I’m here in Durham, NC at the annual EDRM Spring Workshop at Duke Law School and, as usual, the Workshop is a terrific opportunity to discuss the creation of standards and guidelines for the legal community, as well as network with like minded people on eDiscovery topics. I’ll have more to report about this year’s Workshop next week. But, one part of the Workshop that I will touch on now is the release of the public comment version of EDRM’s Technology Assisted Review (TAR) Guidelines.

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eDiscovery for the Rest of Us: eDiscovery Best Practices, Part Four
 eDiscovery for the Rest of Us: eDiscovery Best Practices, Part Four 340 309 CloudNine

The EDna challenge was revived in 2016, with new parameters and eDiscovery providers once again responded with their abilities to provide a cost-effective solution. So, where do we stand on the ability of eDiscovery providers to provide cost effective solutions “for the rest of us”? Let’s take a look.

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Judge’s Ruling on Scope Under Rule 26 Brings a Mixed Bag of Motions Granted and Denied: eDiscovery Case Law
 Judge’s Ruling on Scope Under Rule 26 Brings a Mixed Bag of Motions Granted and Denied: eDiscovery Case Law 479 270 CloudNine

In TMJ Grp., LLC v. IMCMV Holdings, Louisiana Magistrate Judge Janis van Meerveld ruled on Motions to Compel by both parties, both of which were granted in part and denied in part.

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Fourth Circuit Rules that Warrantless Cell Phone is Warranted: Data Privacy Trends
 Fourth Circuit Rules that Warrantless Cell Phone is Warranted: Data Privacy Trends 500 375 CloudNine

Don’t let my cute title confuse you. In this case, the Fourth Circuit issued an interesting decision regarding whether a warrant is required to search an individual’s cell phone.

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Here’s One Way to Comply with GDPR – Block All EU Users: Data Privacy Trends
 Here’s One Way to Comply with GDPR – Block All EU Users: Data Privacy Trends 339 331 CloudNine

Believe it or not, Europe’s General Data Protection Regulation (GDPR) is set to go into effect in one just one week(!), on May 25th. Many organizations are scrambling to comply with the new regulation and a lot of them won’t have compliance sorted out in the next week. As a result, some companies have realized it’s just too much of a hassle and decided to block all access to EU users.

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