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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The Gifts that Keep on Giving: eDiscovery Holiday Wishes and Webcasts
 The Gifts that Keep on Giving: eDiscovery Holiday Wishes and Webcasts 404 267 CloudNine

Not only have we had a very successful year in presenting CLE-accredited webcasts this year, we’re already getting started on next year with a new webcast in January! If you want to see how key case law decisions in 2017 may affect how you conduct discovery in 2018 AND how you can still get CLE credit for 2017’s webcasts, read on.

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Clawback Agreement Doesn’t Save Documents Inadvertently Produced Twice from Privilege Waiver: eDiscovery Case Law
 Clawback Agreement Doesn’t Save Documents Inadvertently Produced Twice from Privilege Waiver: eDiscovery Case Law 479 270 CloudNine

In Irth Solutions, LLC v. Windstream Communications LLC, Ohio Magistrate Judge Kimberly A. Jolson, rejecting the idea that a clawback agreement always protects against waiver of privilege for inadvertently disclosed materials, found that privilege was waived by the defendant’s inadvertent but “completely reckless” production of privileged materials – not once, but twice.

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Court Issues Adverse Inference Sanction for Failing to Preserve Non Party’s Text Messages: eDiscovery Case Law
 Court Issues Adverse Inference Sanction for Failing to Preserve Non Party’s Text Messages: eDiscovery Case Law 479 270 CloudNine

In Ronnie Van Zant, Inc. v. Pyle, New York District Judge Robert W. Sweet, among other rulings, issued an adverse inference sanction against one of the defendants for its failure to preserve text messages in the possession of a non-party, finding that defendant had control of the non-party’s text messages, given that he was contracted by the defendant and provided documents and gave a deposition during discovery.

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Court Disagrees with Plaintiff’s Contentions that Defendant’s TAR Process is Defective: eDiscovery Case Law
 Court Disagrees with Plaintiff’s Contentions that Defendant’s TAR Process is Defective: eDiscovery Case Law 479 270 CloudNine

In Winfield, et al. v. City of New York, New York Magistrate Judge Katharine H. Parker, after conducting an in camera review of the defendant’s TAR process and a sample set of documents, granted in part and denied in part the plaintiffs’ motion, ordering the defendant to provide copies of specific documents where the parties disagreed on their responsiveness and a random sample of 300 additional documents deemed non-responsive by the defendant. Judge Parker denied the plaintiff’s request for information about the defendant’s TAR process, finding no evidence of gross negligence or unreasonableness in their process.

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eDiscovery and the GDPR: Ready or Not, Here it Comes, Part Four: eDiscovery Best Practices
 eDiscovery and the GDPR: Ready or Not, Here it Comes, Part Four: eDiscovery Best Practices 395 315 CloudNine

Now that you understand GDPR better, what should you do? Here are the steps that all companies should complete to prepare for the GDPR.

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eDiscovery and the GDPR: Ready or Not, Here it Comes, Part Three: eDiscovery Best Practices
 eDiscovery and the GDPR: Ready or Not, Here it Comes, Part Three: eDiscovery Best Practices 395 315 CloudNine

Initial hopes were that the GDPR would promote eDiscovery cooperation between the US and Europe by standardizing data protection laws and regulations among the 31 EEA nations and the US. But instead, some sections of the new regulation emphasize even further the difference between US law and the European countries mentioned in Part One.

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Webcast: Important eDiscovery Case Law Decisions of 2017 and Their Impact on 2018 (January 11, 2018)
 Webcast: Important eDiscovery Case Law Decisions of 2017 and Their Impact on 2018 (January 11, 2018) 150 150 CloudNine

2017 was a very interesting year for eDiscovery case law and the impact of FRCP rules changes in 2015 became even more apparent. How can the key case law decisions affect discovery within your organization? This CLE-approved* webcast session will cover key 2017 case law decisions covered by the eDiscovery Daily blog and what the legal profession can learn from those rulings.

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Dispute Over Scope of Preservation Obligation Leads to Partial Sanctions For Now: eDiscovery Case Law
 Dispute Over Scope of Preservation Obligation Leads to Partial Sanctions For Now: eDiscovery Case Law 479 270 CloudNine

In E.E.O.C. v. GMRI, Inc., Florida Magistrate Judge Jonathan Goodman, in a very lengthy and detailed order, denied in part and granted in part the plaintiff’s motion for sanctions for spoliation of paper applications, interview booklets, and emails. Judge Goodman did not grant the request for most-severe type of relief sought – permissible inferences at the summary judgment and trial stages – but did rule that the plaintiff could “present evidence of the purportedly destroyed and/or missing paper applications, interview booklets and guides, and emails to the jury” and “argue to the jury that Seasons 52 acted in bad faith (as defined by Rule 37(e)(2))”, which could lead to the jury inferring that the lost ESI was unfavorable to the defendant.

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eDiscovery and the GDPR: Ready or Not, Here it Comes, Part Two: eDiscovery Best Practices
 eDiscovery and the GDPR: Ready or Not, Here it Comes, Part Two: eDiscovery Best Practices 395 315 CloudNine

The first and overriding concept to be understood in dealing with the GDPR is how the regulation defines personal and sensitive data and then to determine how those definitions relate to data held by your organization. Once you understand those concepts, you can proceed to pinpoint where any data meeting the definitions is created managed and stored.

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Start Planning for Next Year, This Year: eDiscovery Trends
 Start Planning for Next Year, This Year: eDiscovery Trends 508 343 CloudNine

We’re getting close to the end of another year. What do organized people in eDiscovery do when that happens? Start planning for next year.

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