Our Insights on eDiscovery

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

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

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

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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Here’s a Chance to Learn Whether an On-Premise or Off-Premise Solution is Right For You: eDiscovery Best Practices

Today, when consumers are considering their eDiscovery technology choices, there are more factors to consider 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. Here’s a webcast that can help you determine the pros and cons of on-premise and off-premise solutions to make those decisions.

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ILTACON 2017 Preview Edition: eDiscovery Trends

Believe it or not, it’s almost time for another ILTACON! ILTACON is the annual conference for the International Legal Technology Association (ILTA). This year, it is being held in Las Vegas (baby!) at the Mandalay Bay Hotel and Resort. And, once again, eDiscovery Daily will be covering the show! If you’re in the Las Vegas area, you may want to check out a few of these sessions regarding eDiscovery and Information Governance.

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Test Your Searches Before the Meet and Confer: eDiscovery Replay

One of the very first posts ever on this blog discussed the danger of using wildcards. This was one of the “pitfalls” and “potholes” in eDiscovery we discussed in a recent webcast. For those who haven’t seen the webcast yet and haven’t been following the blog from the beginning, here’s a recap.

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When Litigation Hits, The First 7 to 10 Days is Critical: eDiscovery Replay

When a case is filed, several activities must be completed within a short period of time (often as soon as the first seven to ten days after filing) to enable you to assess the scope of the case, where the key electronically stored information (ESI) is located and whether to proceed with the case or attempt to settle with opposing counsel. Here are several of the key early activities that can assist in deciding whether to litigate or settle the case.

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Production from a Provider’s Point of View: eDiscovery Replay

We sometimes forget that the end goal of the discovery process is production: to produce responsive electronically stored information (ESI) to opposing counsel. But, do you realize how many parameters and potential permutations there can be to the production process? Let’s take a look.

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