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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Ten Items to Keep in Mind When Considering Cloud Providers: Cybersecurity Best Practices
 Ten Items to Keep in Mind When Considering Cloud Providers: Cybersecurity Best Practices 500 333 CloudNine

In my webcast discussion with Tom O’Connor yesterday, we had a terrific discussion of several pros and cons of both on-premise and off-premise (cloud) eDiscovery technology solutions as well as other factors to consider. If you missed the webcast, you can check it out here. But, if you’re considering a cloud solution, how do you know whether the solution(s) you’re considering have the security mechanisms your organization needs? Here’s a list of factors to consider.

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Today’s the Day to Learn Whether an On-Premise or Off-Premise Solution is Right For You: eDiscovery Best Practices
 Today’s the Day to Learn Whether an On-Premise or Off-Premise Solution is Right For You: eDiscovery Best Practices 371 212 CloudNine

When consumers are considering their eDiscovery technology choices, there are more factors to consider today than ever. In addition to considering the functionality of the software application, you now also have to consider whether to buy or “rent” the application, how the software is delivered to you and whether it’s required to be within your firewall or can be an off-premises solution. Today at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast On Premise or Off Premise? A Look at Security Approaches to eDiscovery.

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Defendant’s Request for Social Media Data is Reasonably Calculated to Be Overbroad: eDiscovery Case Law
 Defendant’s Request for Social Media Data is Reasonably Calculated to Be Overbroad: eDiscovery Case Law 479 270 CloudNine

In Ehrenberg v. State Farm Mut. Auto. Ins. Co., Louisiana Magistrate Judge Janis van Meerveld, rejecting the defendant’s request for the plaintiff’s social media data as “reasonably calculated to lead to the discovery of admissible evidence”, identified a level of social media data to be produced by the plaintiff that considered “weighing relevance and proportionality”.

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I Rarely Do This, But Today’s Post is Not About eDiscovery
 I Rarely Do This, But Today’s Post is Not About eDiscovery 270 475 CloudNine

Late last week, when several of us knew that Hurricane Harvey was bearing down on Texas and was expected to cause major flooding in the Houston area, a friend of mine made a joke on Facebook about seeing a six foot rabbit in the Gulf of Mexico. It was a great Jimmy Stewart reference and a clever joke. But, Hurricane Harvey has been no joke.

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Lessons to Be Learned from the Wells Fargo eDiscovery Inadvertent Disclosure: eDiscovery Best Practices
 Lessons to Be Learned from the Wells Fargo eDiscovery Inadvertent Disclosure: eDiscovery Best Practices 1024 731 CloudNine

When you’re a lawyer and you find out that you’ve inadvertently produced client confidential information in litigation, it’s a bad day. When you find out that confidential information is personal information on thousands of the most wealthy investors in your client’s portfolio, it’s an even worse day. And, when you find out that disclosure is being covered by The New York Times, it’s a lawyer’s worst nightmare. Here are some suggestions on how to avoid a similar scenario.

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Court Denies Plaintiff’s Request for Defendant’s Source Code Production: eDiscovery Case Law
 Court Denies Plaintiff’s Request for Defendant’s Source Code Production: eDiscovery Case Law 479 270 CloudNine

In Congoo, LLC v. Revcontent LLC, et al, New Jersey Magistrate Judge Tonianne J. Bongiovanni, finding that the plaintiff “has not met its burden of demonstrating that production of the source code is relevant and necessary”, denied the plaintiff’s Motion to Compel the inspection and production of the defendants’ source code.

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Potential Topics for Your 30(b)(6) Witnesses: eDiscovery Best Practices
 Potential Topics for Your 30(b)(6) Witnesses: eDiscovery Best Practices 323 231 CloudNine

When it comes to questions and potential issues that the receiving party may have about the discovery process of the producing party, one of the most common and direct methods for conducting “discovery about the discovery” is a deposition under Federal Rule 30(b)(6). Topics to be covered in a 30(b)(6) deposition can vary widely, depending on the facts and circumstances of the case. However, here are some typical topics that the deponent(s) should be prepared to address.

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Think That Your Firm Isn’t Subject to GDPR? You May Be Wrong About That: eDiscovery Trends
 Think That Your Firm Isn’t Subject to GDPR? You May Be Wrong About That: eDiscovery Trends 339 331 CloudNine

We’re getting closer and closer to the implementation of the General Data Protection Regulation (GDPR) standard designed to strengthen and unify data protection for all individuals within the European Union (EU). It goes into effect in about eight months (May 25th of next year, to be exact). Do you think GDPR doesn’t apply to your firm? You may be wrong about that.

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Citing SCA, Court Denies Motions to Compel Microsoft, Google and Yahoo to Produce Emails: eDiscovery Case Law
 Citing SCA, Court Denies Motions to Compel Microsoft, Google and Yahoo to Produce Emails: eDiscovery Case Law 479 270 CloudNine

In PPG Indus., Inc. v. Jiangu Tie Mao Glass Co., Ltd., Pennsylvania District Judge Mark R. Hornak denied the plaintiff’s Motions to Compel third parties Microsoft, Google and Yahoo to Produce Responsive Documents Pursuant to their Subpoenas, finding that “resolution of this case begins and ends with the Stored Communications Act (‘SCA’), which generally provides that ‘a person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service.’”

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New Report from The Aberdeen Group Cites Lack of Advanced Technologies, Offers Recommendations: eDiscovery Trends
 New Report from The Aberdeen Group Cites Lack of Advanced Technologies, Offers Recommendations: eDiscovery Trends 346 351 CloudNine

While recovering from ILTACON and Vegas, I found an interesting report with some interesting statistics and observations from The Aberdeen Group about how many organizations are handling eDiscovery and what they could be doing better. Let’s take a look.

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