Our Insights on eDiscovery

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After Objection, No Waiver of Privilege for Putting Information on File Share Site without Protection: eDiscovery Case Law
 After Objection, No Waiver of Privilege for Putting Information on File Share Site without Protection: eDiscovery Case Law 479 270 CloudNine

In Harleysville Insurance Co. v. Holding Funeral Home, Inc., No. 1:15cv00057 (W.D. Va. Oct. 2, 2017), Virginia District Judge James P. Jones sustained the plaintiff’s objections to the Magistrate Court ruling that the plaintiff’s placement of privileged information on a file share site and distribution of the hyperlink to access that information without providing any…

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IT Will Scare You – eDiscovery Horrors!
 IT Will Scare You – eDiscovery Horrors! 600 392 CloudNine

Today is Halloween! Hard to believe, but for eight years now, we have identified stories to try to “scare” you with tales of eDiscovery and cybersecurity horrors because we are, after all, an eDiscovery blog. Let’s see how we do this year. Will IT scare you?

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Last Year the Panama Papers, This Year the Bermuda Briefs?: Cybersecurity Trends
 Last Year the Panama Papers, This Year the Bermuda Briefs?: Cybersecurity Trends 275 247 CloudNine

Last year, we covered the massive data breach at Panama-based law firm Mossak Fonseca (11.5 million documents, 2.6 total TB – yes, terabytes – of data stolen) that has come to be known as the “Panama Papers”. Now, a Bermuda law firm has finally admitted to a data breach that evidently occurred last year.

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The Relativity Conference was “Fest-ive” This Year: eDiscovery Trends
 The Relativity Conference was “Fest-ive” This Year: eDiscovery Trends 435 122 CloudNine

As I’ve noted for most of the week, Relativity Fest ’17 was held this week in Chicago at The Hilton Chicago. Having not been to a Relativity Fest before, it was an eye opening experience. Here are a few of the highlights.

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Houston, We Have a Problem – Court Specifies Jury Instructions to Address Spoliation Findings: eDiscovery Case Law
 Houston, We Have a Problem – Court Specifies Jury Instructions to Address Spoliation Findings: eDiscovery Case Law 479 270 CloudNine

In GN Netcom, Inc. v. Plantronics, Inc., Delaware District Judge Leonard P. Stark chose to determine the preliminary and final jury instructions he would give with respect to the defendant’s spoliation for the “intentional and admitted deletion of emails” ruled on earlier, as well as the “Stipulated Facts” he would read to the jury at or near the start of the trial, rather than respond to the four spoliation-related questions posed by the plaintiff or defendant.

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Today’s the Day to Learn How to Avoid the eDiscovery Disasters of Other High Profile Organizations: eDiscovery Best Practices
 Today’s the Day to Learn How to Avoid the eDiscovery Disasters of Other High Profile Organizations: eDiscovery Best Practices 372 211 CloudNine

The recent eDiscovery failures at Wells Fargo and at the Department of Justice show that eDiscovery mistakes and failures happen even at the largest corporations and government agencies. Today, you have a chance to learn from their mistakes with this CLE-approved webcast.

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eDiscovery in the Cloud: eDiscovery Best Practices
 eDiscovery in the Cloud: eDiscovery Best Practices 435 122 CloudNine

Today’s highlight is my session: e-Discovery in the Cloud, today at 11:00 am, moderated by David Horrigan, e-Discovery Counsel and Legal Content Director at Relativity and we will be joined by Rachi Messing, Senior Program Manager at Microsoft, Ari Kaplan, Principal at Ari Kaplan Advisors and Kelly Twigger, Founder of ESI Attorneys. If you’re at the show today, come check it out!

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Court Denies Default Judgment Sanctions for Defendant’s Production of Two Versions of Same Email: eDiscovery Case Law
 Court Denies Default Judgment Sanctions for Defendant’s Production of Two Versions of Same Email: eDiscovery Case Law 479 270 CloudNine

In Catrinar v. Wynnestone Communities Corp., et al., Michigan Magistrate Judge R. Steven Whalen denied the plaintiff’s Motion for Discovery Sanctions (requesting a default judgment) for fabricating and producing false evidence, finding that the defendant’s production of two versions of an email fail all four factors of the Harmon test applied by the court in this case to determine whether the defendant’s failure was due to willfulness, bad faith, or fault and whether the plaintiff was prejudiced by the defendant’s conduct, among other factors.

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Google Requests Contempt Order For $10,000 Sanctions Per Day Against…Google: eDiscovery Case Law
 Google Requests Contempt Order For $10,000 Sanctions Per Day Against…Google: eDiscovery Case Law 479 270 CloudNine

Last month, we wrote that Google went 0 for 2 in August in its request for review of warrant cases related to the Stored Communications Act of 1986 (SCA) and the order to produce ESI stored internationally that is subject to warrants was upheld in both cases, including a ruling in the Northern District of California on August 14. So, why did Google ask the Court to impose a daily sanction of $10,000 against itself?

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It’s Fall, But Does That Mean That eDiscovery Business Confidence is Falling?: eDiscovery Trends
 It’s Fall, But Does That Mean That eDiscovery Business Confidence is Falling?: eDiscovery Trends 342 342 CloudNine

The results are in from the Complex Discovery Fall 2017 eDiscovery Business Confidence Survey, which concluded two days ago and the results 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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