Our Insights on eDiscovery

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

Europe’s General Data Protection Regulation (GDPR) is set to take effect in less than 200 days. It is important to understand the changes this new set of regulations will impose, but it is also important to understand that even if you don’t have a physical business presence in Europe, the GDPR may apply to you. Any organization that retains personal information of any EU individuals must act to comply with the GDPR.

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It’s E-Discovery Day! Here are Some Great Webcasts to Check Out Today!: eDiscovery Best Practices
 It’s E-Discovery Day! Here are Some Great Webcasts to Check Out Today!: eDiscovery Best Practices 466 68 CloudNine

It’s December 1st, which can only mean one thing – it’s E-Discovery Day 2017! This (now third) annual event includes a combination of webcasts and in-person events to promote discussion and education of eDiscovery. Here are some of the webcasts to consider checking out today.

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No Dismissal of Claim Against Defendant Accused of Transferring Company Info to Dropbox Account: eDiscovery Case Law
 No Dismissal of Claim Against Defendant Accused of Transferring Company Info to Dropbox Account: eDiscovery Case Law 479 270 CloudNine

In Abbott Labs. v. Finkel, Colorado District Judge Christine M. Arguello denied the defendant-movant’s motion to dismiss the plaintiff-respondent’s conversion claim that the defendant disclosed the plaintiff’s confidential information and trade secrets to a third party and transferred that information to his personal online cloud storage Dropbox account.

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Uber’s Response to Data Breach? Pay the Hackers to Keep Quiet About It: Cybersecurity Trends
 Uber’s Response to Data Breach? Pay the Hackers to Keep Quiet About It: Cybersecurity Trends 502 310 CloudNine

Hackers stole the personal data of 57 million customers and drivers from Uber last year. Their response? Conceal the breach for more than a year, and pay the hackers $100,000 to delete the data (sure they did) and keep quiet about the breach.

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Process This! – Close Outlook Before Compressing or Zipping PST Files for Processing: eDiscovery Best Practices
 Process This! – Close Outlook Before Compressing or Zipping PST Files for Processing: eDiscovery Best Practices 315 338 CloudNine

Having recently experienced this with a client, I thought I would revisit this helpful tip. This is one of the tips Tom O’Connor and I will be covering this Friday – E-Discovery Day – on our webcast Murphy’s eDiscovery Law: How to Keep What Could Go Wrong From Going Wrong at noon CST (1:00pm EST, 10:00am PST). If you process Outlook PST files, make sure you’re doing this.

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If You’re a Cloud Provider or Consumer, Consider These Guidelines on How to Conduct Yourself in Europe: eDiscovery Best Practices
 If You’re a Cloud Provider or Consumer, Consider These Guidelines on How to Conduct Yourself in Europe: eDiscovery Best Practices 339 331 CloudNine

While we were preparing to eat turkey and stuff ourselves with various goodies last week, the Cloud Security Alliance (CSA) provided an important guideline for compliance with the European Union General Data Protection Regulation (GDPR).

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