Our Insights on eDiscovery

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

August 25, 2017

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.

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

August 24, 2017

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.

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

August 23, 2017

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.

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

August 22, 2017

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.

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

August 21, 2017

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.’”

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

August 18, 2017

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.

Thursday’s ILTACON 2017 Sessions: eDiscovery Trends

August 17, 2017

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.

Wednesday’s ILTACON 2017 Sessions: eDiscovery Trends

August 16, 2017

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.

Tuesday’s ILTACON 2017 Sessions: eDiscovery Trends

August 15, 2017

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.

Time for ILTACON 2017: eDiscovery Trends

August 14, 2017

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.