Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.

IT Will Scare You – eDiscovery Horrors!

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

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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eDiscovery in the Cloud: eDiscovery Best Practices

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

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

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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Windows 10 Fails to “Go Dutch” When it Comes to Protecting Privacy: Data Privacy Trends

After yesterday’s story regarding SCOTUS taking up the Microsoft Ireland case, I’m not trying to make this “bad news week” for Microsoft, but with GDPR looming next year, this seemed like a good story to cover. According to a report, the Dutch Data Protection Authority (DPA) has declared that Windows 10 breaches the data protection law in the Netherlands over the way it processes personal information.

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