Our Insights on eDiscovery

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No Sanctions for Failing to Preserve Cell Phone Records and Call Logs: eDiscovery Case Law
 No Sanctions for Failing to Preserve Cell Phone Records and Call Logs: eDiscovery Case Law 479 270 CloudNine

In Dotson, et al. v. Edmonson, et. al., Louisiana District Judge Susie Morgan denied the plaintiff’s motion in limine seeking sanctions for spoliation of evidence, finding that the plaintiff had “not met his burden of establishing that the Trooper Defendants had a duty to preserve” cell phone records and call logs from the evening of October 7, 2015 from Louisiana State Police (LSP) issued cell phones that were used that night by LSP officers during an undercover operation, or that their destruction of the evidence was intentional.

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Don’t Panic, but the Countdown is on and GDPR is Coming!: Data Privacy Trends
 Don’t Panic, but the Countdown is on and GDPR is Coming!: Data Privacy Trends 779 433 CloudNine

I have a “panic button” on my desk. Are you panicking about the upcoming Europe General Data Protection Regulation (GDPR) yet? If so, read this post.

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Webcast: Understanding eDiscovery in Criminal Cases (March 21, 2018)
 Webcast: Understanding eDiscovery in Criminal Cases (March 21, 2018) 150 150 CloudNine

Criminal cases have long been thought of as an arena devoid of electronic discovery issues. But attorneys who regularly handle criminal cases know that’s not the case. So, are there any guidelines and best practices for handling eDiscovery in criminal cases? This CLE-approved* webcast session will take a look at the history of the development of standards and highlight specific issues of importance regarding eDiscovery in criminal matters.

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Only 53 Percent of Surveyed Security Officers Are Confident in Security of Data by Third Parties: Cybersecurity Trends
 Only 53 Percent of Surveyed Security Officers Are Confident in Security of Data by Third Parties: Cybersecurity Trends 622 364 CloudNine

A recently issued report provides an interesting look at how Chief Information Security Officers (CISOs) and others responsible for security are addressing the challenges in today’s cybersecurity climate.

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No Sanctions for Failing to Preserve Videos and Photos of Prisoner Accident: eDiscovery Case Law
 No Sanctions for Failing to Preserve Videos and Photos of Prisoner Accident: eDiscovery Case Law 479 270 CloudNine

In Hernandez v. Tulare Cnty. Correction Center, et al., the California Magistrate Judge denied the plaintiff’s motion for sanctions, ruling that the defendants did not act with the intent to deprive there was no prejudice to the plaintiff from loss of videos and photos of an accident suffered by the plaintiff, a state prisoner at the defendant’s correctional facility.

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For a More Complete and Accurate Review, Be Persistent: eDiscovery Best Practices
 For a More Complete and Accurate Review, Be Persistent: eDiscovery Best Practices 643 293 CloudNine

Manual document review can be prone to error. It’s easy to miss highly relevant documents or privileged documents if you fail to spot the terms that cause them to be identified as highly relevant documents or privileged. To help spot those terms, you have to be “persistent”. And, there’s a new review of CloudNine that you might want to check out!

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Training Snapshot: Persistent Highlighting from CloudNine
 Training Snapshot: Persistent Highlighting from CloudNine 150 150 CloudNine

A snapshot demonstration of the process required to set up and view persistent highlight terms within CloudNine to ensure important terms are always highlighted during review, regardless of search criteria.

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“Master” the Love – Today and on February 28th: eDiscovery Trends
 “Master” the Love – Today and on February 28th: eDiscovery Trends 187 169 CloudNine

Happy Valentine’s Day! Hope you’re all feeling the love today! Speaking of feeling the love, we’re only two weeks away from the first event of the year at The Master’s Conference in Dallas!

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Are Cloud Companies Moving Away from Pricing Transparency?: eDiscovery Trends
 Are Cloud Companies Moving Away from Pricing Transparency?: eDiscovery Trends 356 230 CloudNine

Last May, I wrote a post asking if pricing transparency is finally happening in eDiscovery. Here’s an article where the trend seems to be reversing – at least for Software-as-a-Service (SaaS, aka cloud) companies in general. And, what the heck is a SaaS “unicorn”?

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Befuddled by BYOD? The Sedona Conference Has a New Set of Principles to Guide You: eDiscovery Best Practices
 Befuddled by BYOD? The Sedona Conference Has a New Set of Principles to Guide You: eDiscovery Best Practices 428 600 CloudNine

Many organizations are permitting (or even encouraging) their employees to use their own personal devices to access, create, and manage company related information – a practice commonly referred to as Bring Your Own Device (BYOD). But, how can those organizations effectively manage those BYOD devices to meet their discovery obligations? To help with that issue, The Sedona Conference® (TSC) has published an initial Public Comment Version of a Commentary to help.

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