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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When You Have a Lot of Custodians, Life Can Be a Batch: eDiscovery Best Practices
 When You Have a Lot of Custodians, Life Can Be a Batch: eDiscovery Best Practices 341 343 CloudNine

After Tom O’Connor and I hosted the webcast On Premise or Off Premise? A Look At Security Approaches to eDiscovery where we discussed the pros and cons of on premise and off premise (i.e., cloud) solutions last month, I received a question from an attendee afterward, as follows: Isn’t another advantage of on premise solutions the ability to load large amounts of data from multiple custodians (i.e., multiple terabytes) to the eDiscovery platform? Not necessarily.

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Court Adds Some of the Custodians Requested by Plaintiffs to Discovery, But Not All: eDiscovery Case Law
 Court Adds Some of the Custodians Requested by Plaintiffs to Discovery, But Not All: eDiscovery Case Law 479 270 CloudNine

In Mann, et al. v. City of Chicago, et al, Illinois Magistrate Judge Mary M. Rowland granted in part and denied in part the plaintiffs’ Motion to Compel the defendant to include certain custodians in their email search, ordering the defendant to search emails of five additional custodians (including the Mayor of Chicago), but not requiring the defendant to search emails for an additional three custodians requested by the plaintiff. Judge Rowland also denied the plaintiffs’ request for sanctions, finding that the defendant’s conduct was not sanctionable.

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To No One’s Surprise, Worldwide Spending on Cybersecurity is Up: Cybersecurity Trends
 To No One’s Surprise, Worldwide Spending on Cybersecurity is Up: Cybersecurity Trends 268 347 CloudNine

Can you guess what the global spend on cybersecurity will be this year? Gartner recently provided a forecast, see how close you can come to guessing the amount. The answer is in this post – the picture of this well-known astronomer should provide some clue.

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Lucky Seven! eDiscovery Daily is Seven Years Old!
 Lucky Seven! eDiscovery Daily is Seven Years Old! 356 224 CloudNine

Believe it or not, it has been seven years ago today since we launched the eDiscovery Daily blog!

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Google Goes 0 For 2 in its Request for Review of SCA Warrant Cases: eDiscovery Case Law
 Google Goes 0 For 2 in its Request for Review of SCA Warrant Cases: eDiscovery Case Law 479 270 CloudNine

As Tom O’Connor and I discussed last week in our ACEDS webinar Key eDiscovery Case Law Review for First Half of 2017, Google was ordered earlier this year to produce foreign stored emails by judges in California and Pennsylvania in response to government warrants. Last month, Google’s request for review on the two cases (and interpretation of Section 2703 of the Stored Communications Act of 1986) didn’t change the results.

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“Primed” to Learn About Rule 34 of the FRCP? Here’s a New Primer from The Sedona Conference: eDiscovery Best Practices
 “Primed” to Learn About Rule 34 of the FRCP? Here’s a New Primer from The Sedona Conference: eDiscovery Best Practices 428 600 CloudNine

As Tom O’Connor and I discussed last week in our ACEDS webinar Key eDiscovery Case Law Review for First Half of 2017, we’re seeing lots of cases that relate to disputes associated with Rule 34 of the Federal Rules of Civil Procedure and disputes over things such as scope of production and proportionality, form of production and the handling of objections. Now, The Sedona Conference® (TSC) Working Group on Electronic Document Retention & Production (WG1) has issued a public comment version of a new primer on Rule 34.

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Webcast: Holy****, The Case is Filed! What Do I Do Now?
 Webcast: Holy****, The Case is Filed! What Do I Do Now? 150 150 CloudNine

This CLE-approved webcast will discuss the various issues to consider and decisions to be made to help you meet your discovery obligations in an efficient and proportional manner.

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Webcast: Key eDiscovery Case Law Review for First Half of 2017 (September 13, 2017) ACEDS Update
 Webcast: Key eDiscovery Case Law Review for First Half of 2017 (September 13, 2017) ACEDS Update 150 150 CloudNine

This CLE-approved webcast session will cover key case law covered by the eDiscovery Daily blog related to eDiscovery for the first half of 2017.

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Court Grants Lesser Sanctions Against Defendant for Various Discovery Issues: eDiscovery Case Law
 Court Grants Lesser Sanctions Against Defendant for Various Discovery Issues: eDiscovery Case Law 479 270 CloudNine

In New Mexico Oncology v. Presbyterian Healthcare Servs, New Mexico Magistrate Judge Gregory B. Wormuth, detailing numerous defendant discovery deficiencies alleged by the plaintiff, ruled that the “harsh sanctions of default judgment or an adverse jury instruction” requested by the plaintiff “are not warranted” and instead opted to require the defendant to pay plaintiff costs related to activities resulting from defendants’ over-designation of documents as privileged and recommended that the defendants be ordered to pay the plaintiff 75% of the costs associated with its Motion for Sanctions including all fees paid to expert witnesses to prepare reports and testify at the motion hearing.

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Here’s a Factor That Can Reduce the Potential for Account Hacks: Cybersecurity Best Practices
 Here’s a Factor That Can Reduce the Potential for Account Hacks: Cybersecurity Best Practices 275 247 CloudNine

The data breaches just keep coming. Equifax is the latest hacking victim to a tune of 143 million US customers – approximately 44 percent of the population. Perhaps if they, and other organizations recently breached, had added a factor to their authentication process, those breaches might not have occurred. And, by “factor”, I mean two-factor authentication.

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