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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Lack of Comma Means That Breaking Up Overtime Pay is Hard to Do: Litigation Trends
 Lack of Comma Means That Breaking Up Overtime Pay is Hard to Do: Litigation Trends 314 316 CloudNine

Not since Neil Sadaka’s classic song has a “comma” meant so much. A class-action lawsuit about overtime pay for truck drivers has come down to punctuation and the lack of an Oxford comma has resulted in an appeals court reversal of a partial summary judgment by a lower court.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Defendant Ordered to Reproduce ESI in Native Format, As Originally Requested by Plaintiffs: eDiscovery Case Law
 Defendant Ordered to Reproduce ESI in Native Format, As Originally Requested by Plaintiffs: eDiscovery Case Law 479 270 CloudNine

In Morgan Hill Concerned Parents Assoc. v. California Dept. of Education, California Magistrate Judge Allison Claire granted the plaintiffs’ motion to compel the defendant to produce emails in native format with all metadata attached, but denied the plaintiffs’ motion for sanctions without prejudice to its renewal using Sacramento rates for attorneys’ fees. Judge Claire also denied the defendant’s motion for a protective order regarding production of the native format data, and its motion for sanctions.

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The Impact of Cybersecurity Concerns on M&A Activities is Growing: eDiscovery Trends
 The Impact of Cybersecurity Concerns on M&A Activities is Growing: eDiscovery Trends 336 284 CloudNine

After Verizon Communications took a $350 million discount on its purchase of Yahoo based on the massive data breaches disclosed by the Internet company last year, it may be time for cybersecurity and data privacy lawyers to take a more active role in merger and acquisition discussions.

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EDRM Releases New Security Questionnaire: eDiscovery Trends
 EDRM Releases New Security Questionnaire: eDiscovery Trends 189 111 CloudNine

As promised when they announced the project last August, EDRM announced last week the release of a new Security Audit Questionnaire, which is designed to be a practical tool for evaluating the security capabilities of corporations, law firms, cloud providers, and third parties offering electronic discovery or managed services.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Delaware Supreme Court Affirms $7 Million Sanction for Discovery Misconduct: eDiscovery Case Law
 Delaware Supreme Court Affirms $7 Million Sanction for Discovery Misconduct: eDiscovery Case Law 479 270 CloudNine

In Shawe v. Elting, the Delaware Supreme Court found that the Court of Chancery followed the correct legal standards and made no errors of law in its sanctions award of over $7 million against the appellant, agreeing with the lower court that his behavior was “unusually deplorable”.

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Lawyer’s Pants Literally Catch on Fire and Alexa to “Testify”: eDiscovery Trends
 Lawyer’s Pants Literally Catch on Fire and Alexa to “Testify”: eDiscovery Trends 246 330 CloudNine

Here’s a question for you: Would you believe what a lawyer was telling you during closing arguments if his pants were, literally, on fire?

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Spoliation of Truck Evidence Precludes Plaintiffs’ Use of That Evidence “As a Sword”: eDiscovery Case Law
 Spoliation of Truck Evidence Precludes Plaintiffs’ Use of That Evidence “As a Sword”: eDiscovery Case Law 479 270 CloudNine

In Below v. Yokohama Tire Corp., Wisconsin District Judge William M. Conley, deciding on several pre-trial motions, granted (to an extent) the defendants’ motion for relief due to spoliation of evidence for failing to preserve the truck involved in a crash, stating that “defendants persuasively argue that the absence of this evidence should at minimum preclude plaintiffs from using it as a sword, even if defendants cannot use it as a shield.”

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What are the Current Trends in eDiscovery? Catch this Webinar to Find Out: eDiscovery Trends
 What are the Current Trends in eDiscovery? Catch this Webinar to Find Out: eDiscovery Trends 428 244 CloudNine

A lot is happening in eDiscovery these days and it’s harder than ever to keep up. I have no choice to keep up with current eDiscovery trends – I write a daily blog, so I have to continue to find new topics to write about. Thankfully, you don’t have to do that – you can attend a one hour webcast later this month for a recap of recent key eDiscovery trends and case law to stay current with today’s trends in eDiscovery, information governance and cybersecurity.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Judge Peck Objects to Defendant’s Form of Objections: eDiscovery Case Law
 Judge Peck Objects to Defendant’s Form of Objections: eDiscovery Case Law 479 270 CloudNine

In Fischer v. Forrest, Nos. 14 Civ. 1304 (PAE) (AJP), 14 Civ. 1307 (PAE) (AJP) (S.D.N.Y. Feb. 28, 2017), New York Magistrate Judge Andrew J. Peck ordered the defendants “to revise their Responses to comply with the Rules”, specifically Rule 34(b)(2)(B) and Rule 34(b)(2)(C), amended in December 2015 requiring objections to be stated with specificity and directing that an objection must state whether any responsive materials are being withheld on the basis of that objection.

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Your “Mashup” of eDiscovery Market Estimates is Even Earlier This Year: eDiscovery Trends
 Your “Mashup” of eDiscovery Market Estimates is Even Earlier This Year: eDiscovery Trends 342 342 CloudNine

We look forward to the eDiscovery Market Size Mashup that Rob Robinson compiles and presents on his Complex Discovery site each year. Each of the first three years that we covered it, the Mashup was released in July – with estimates for 2012 to 2017, for 2013 to 2018 and 2014-2019 (in two parts). Last year, the Mashup was released early, at the end of April for 2015 to 2020. This year, the Mashup is even earlier: Rob has released his worldwide eDiscovery services and software overview for 2016 to 2021 now!

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