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 […]
read moreToday 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?
read moreLast 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.
read moreAs 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.
read moreIn 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.
read moreThe 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.
read moreToday’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!
read moreIn 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.
read moreLast 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?
read moreThe 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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