Our Insights on eDiscovery

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

Webcast: Legal Hold Notifications from CloudNine

Delivered as an advanced, integrated, and automated option in CloudNine’s cloud-based, SaaS-delivered simplified eDiscovery automation software, Legal Hold Notifications improve the ability of legal and compliance teams to implement legal holds by providing them with an intuitive and secure tool for marshaling the data preservation process. To learn more about Legal Hold Notifications, visit cloudnine.com.

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Plaintiff’s Erasure of iPhone Before Forensic Examination Leads to Recommended Dismissal of Case: eDiscovery Case Law

In Coyne v. Los Alamos National Security, LLC et. al., New Mexico Magistrate Judge Karen B. Molzen recommended that the court grant the defendants’ motion to dismiss after the plaintiff’s erased and reset her iPhone the day before it was produced for forensic examination, the “culmination of her and her husband’s willful failure to comply with their discovery obligations in this case.”

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Has eDiscovery Business Gotten a Bump or a Slump from Trump?: eDiscovery Trends

Don’t be a chump, be the ump! It’s time for another quarterly eDiscovery Business Confidence Survey! This time, it’s the Spring 2017 eDiscovery Business Confidence Survey created (and cleverly titled) by Rob Robinson and conducted on his terrific Complex Discovery site. It’s the second year of the quarterly survey and we’ve covered every round of the survey so far. Now, it’s time for the Spring 2017 Survey!

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After Metadata Shows Agreement Documents to Be Unreliable, Defendant’s “Hans” are Tied: eDiscovery Case Law

In Ensing v. Ensing, et. al., Vice Chancellor Slights ruled for the plaintiff in the case and concluding that the defendant “has engaged in blatant violations of court orders and bad faith litigation conduct that justify serious sanctions”, ordering him to pay two-thirds of the plaintiff’s counsel’s fees and expenses and all of the plaintiff’s computer forensic expert’s fees and expenses.

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Should Failing to Issue a Litigation Hold Be Considered Intent to Deprive?: eDiscovery Best Practices

A lot has been discussed about the most recent changes to the Federal Rules, especially with regard to Rule 37(e) and the requirement of the intent to deprive standard to apply more serious sanctions. But, what activities constitute intent to deprive? Should failing to issue a litigation hold be considered intent to deprive a party of potentially responsive ESI when that ESI is not preserved?

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