Our Insights on eDiscovery

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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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Thursday’s ILTACON 2017 Sessions: eDiscovery Trends
 Thursday’s ILTACON 2017 Sessions: eDiscovery Trends 456 429 CloudNine

As noted Monday, Tuesday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the latest eDiscovery trends being discussed at the show. Today is the last day to check out the show at the Mandalay Bay if you’re in the Las Vegas area with a number of sessions available and as many as 215(!) exhibitors providing information on their products and services. Here are some notable sessions for today.

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Wednesday’s ILTACON 2017 Sessions: eDiscovery Trends
 Wednesday’s ILTACON 2017 Sessions: eDiscovery Trends 456 429 CloudNine

As noted Monday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the latest eDiscovery trends being discussed at the show. There’s still time to check out the show at the Mandalay Bay if you’re in the Las Vegas area with a number of sessions available and as many as 215(!) exhibitors providing information on their products and services. Here are some notable sessions for today.

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Tuesday’s ILTACON 2017 Sessions: eDiscovery Trends
 Tuesday’s ILTACON 2017 Sessions: eDiscovery Trends 456 429 CloudNine

As noted yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the latest eDiscovery trends being discussed at the show. There’s still time to check out the show at the Mandalay Bay if you’re in the Las Vegas area with a number of sessions available and as many as 215(!) exhibitors providing information on their products and services. Here are some notable sessions for today.

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Time for ILTACON 2017: eDiscovery Trends
 Time for ILTACON 2017: eDiscovery Trends 456 429 CloudNine

The International Legal Technology Association (ILTA) annual educational conference of 2017 (known as ILTACON) kicked off yesterday with several networking events, and begins in earnest today with the first day of sessions. eDiscovery Daily will be reporting this week about the latest eDiscovery trends being discussed at the show. Over the next four days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered.

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Plaintiff Sanctioned for Spoliation of Evidence in His Case Against Taylor Swift: eDiscovery Case Law
 Plaintiff Sanctioned for Spoliation of Evidence in His Case Against Taylor Swift: eDiscovery Case Law 479 270 CloudNine

In Mueller v. Swift, Colorado District Judge William J. Martinez ruled that “Plaintiff’s loss or destruction of the complete recording of the June 3, 2013 conversation [between the plaintiff and his supervisors] constitutes sanctionable spoliation of evidence”, but rejected the defendants’ request to make a finding of bad faith and to give the jury an adverse inference instruction, opting instead for permitting the defendants to cross-examine the plaintiff in front of the jury regarding the record of his spoliation of evidence.

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Retired NIST Expert Says His Advice on Creating Passwords was Wrong: Cybersecurity Best Practices
 Retired NIST Expert Says His Advice on Creating Passwords was Wrong: Cybersecurity Best Practices 275 247 CloudNine

If you’re a person who takes password security seriously and followed advice to create passwords that use a combination of lower and upper case letters, numbers and special characters to foil hackers, good for you. Unfortunately, that advice was wrong, according to the National Institute of Standards and Technology (NIST) and the retired expert who authored that advice in the first place.

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