Our Insights on eDiscovery

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Court Orders Plaintiff to Reproduce ESI and Produce Search Term List As Agreed: eDiscovery Case Law
 Court Orders Plaintiff to Reproduce ESI and Produce Search Term List As Agreed: eDiscovery Case Law 479 270 CloudNine

In Youngevity Int’l Corp., et al. v. Smith, et al., California Magistrate Judge Jill L. Burkhardt, granted the defendants’ motion to compel proper productions against the plaintiffs and ordered the plaintiffs to either provide its search hit list to the plaintiffs, meet and confer on the results and screen the results for responsiveness and privilege OR produce 700,000 additional responsive documents and pay for the defendants to conduct Technology Assisted Review (TAR) on the results. Judge Burkhardt also ordered the plaintiffs to designate “only qualifying documents” as confidential or Attorney’s Eyes Only (AEO) and to pay for the reasonable expenses, including attorney’s fees, of bringing the motion.

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LegalTech 2018 Starts in a Week!: eDiscovery Trends
 LegalTech 2018 Starts in a Week!: eDiscovery Trends 431 210 CloudNine

While “Legalweek”, starts next Monday, LegalTech New York 2018, starts next Tuesday, January 30 and concludes on Thursday, February 1. For us at eDiscovery Daily, it’s our eighth year in a row covering the show and we’ll be conducting thought leader interviews again this year! Let’s take a look at some of the sessions and events worth particular note for eDiscovery professionals.

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Training Snapshot: Early Data Assessment from CloudNine
 Training Snapshot: Early Data Assessment from CloudNine 150 150 CloudNine

A snapshot demonstration of the process required to quickly generate an Early Data Assessment (EDA) report from within the CloudNine eDiscovery Platform and to review the information provided in the report.

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Size Does Matter When it Comes to eDiscovery Business Confidence this Winter: eDiscovery Trends
 Size Does Matter When it Comes to eDiscovery Business Confidence this Winter: eDiscovery Trends 339 258 CloudNine

The Complex Discovery eDiscovery Business Confidence Survey is starting its third year and the results are in! As was the case for the 2016 and 2017 surveys, the results for the Winter 2018 eDiscovery Business Confidence Survey are published on Rob Robinson’s terrific Complex Discovery site. How confident are individuals working in the eDiscovery ecosystem in the business of eDiscovery? Let’s see.

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Understanding eDiscovery in Criminal Cases, Part Two: eDiscovery Best Practices
 Understanding eDiscovery in Criminal Cases, Part Two: eDiscovery Best Practices 500 375 CloudNine

Because more than 90 percent of documents today are generated in electronic format, ESI is becoming more and more prominent in criminal matters, especially white collar criminal cases. But many attorneys who take on a criminal representation for the first time are surprised to find that there are a different set of rules than those that they are used to working within civil matters.

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The Sedona Conference Has Published the Final Version of its Data Privacy Primer: eDiscovery Best Practices
 The Sedona Conference Has Published the Final Version of its Data Privacy Primer: eDiscovery Best Practices 428 600 CloudNine

With the Microsoft Ireland case being argued before SCOTUS on February 27 and the General Data Protection Regulation (GDPR) going into effect in May, it’s a big year for data privacy. In keeping with that theme, The Sedona Conference® (TSC) has published the final version of a primer to help with this growing issue.

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Understanding eDiscovery in Criminal Cases: eDiscovery Best Practices
 Understanding eDiscovery in Criminal Cases: eDiscovery Best Practices 500 375 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 was not the case then, and it is certainly not the state of the field now. This paper shares a short history of the development of standards for eDiscovery in criminal matters, focusing on specific examples from the Federal court system. It also highlights main issues of importance regarding eDiscovery in criminal matters.

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No Sanctions for Spoliation of ESI Against Plaintiff Leads to Summary Judgment Against Defendant: eDiscovery Case Law
 No Sanctions for Spoliation of ESI Against Plaintiff Leads to Summary Judgment Against Defendant: eDiscovery Case Law 479 270 CloudNine

In IBM v. Naganayagam, New York District Judge Nelson S. Romàn, finding that no intent to deprive by the plaintiff and no prejudice against the defendant for spoliation of ESI, denied the defendant’s motion for spoliation sanctions, which facilitated granting the plaintiff’s motion for summary judgment against the defendant by Judge Romàn.

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2017 eDiscovery Case Law Year in Review, Part 4
 2017 eDiscovery Case Law Year in Review, Part 4 479 270 CloudNine

As we noted yesterday, Tuesday and Monday, eDiscovery Daily published 78 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to possession, custody and control, subpoena of cloud provider data, waiver of privilege and the first part of the cases relating to sanctions and spoliation. Today, let’s take a look back at the remaining sanctions and spoliation cases.

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Webcast: eDiscovery and the GDPR: Ready or Not, Here it Comes! (February 21, 2018)
 Webcast: eDiscovery and the GDPR: Ready or Not, Here it Comes! (February 21, 2018) 150 150 CloudNine

Do you think that your organization isn’t subject to the requirements of Europe’s impending General Data Protection Regulation (GDPR)? You may be wrong about that. If it is, are you on target to be compliant by May 25? This CLE-approved* webcast session will cover how data privacy requirements have evolved over time, the parameters associated with the GDPR, what they mean to your organization and what steps your organization needs to take to ensure compliance with the GDPR. m those rulings.

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