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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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
With No Proof of Duty to Preserve or Bad Faith, Plaintiffs’ Request for Sanctions is Denied: eDiscovery Case Law
 With No Proof of Duty to Preserve or Bad Faith, Plaintiffs’ Request for Sanctions is Denied: eDiscovery Case Law 479 270 CloudNine

In Reyes et. al. v. Julia Place Condominiums Homeowners Association, Inc., et. al., Louisiana District Judge Carl J. Barbier, in denying the plaintiffs’ request for sanctions, stated that the plaintiffs “have failed to produce sufficient evidence proving that [defendant] Parkview had a duty to preserve the ledgers, that Parkview acted in bad faith in destroying the ledgers, and that the destroyed evidence was relevant to Plaintiffs’ claim”.

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The Top Hot Topics in eDiscovery: eDiscovery Trends
 The Top Hot Topics in eDiscovery: eDiscovery Trends 275 274 CloudNine

I recently had the opportunity (and pleasure) to sit down for a podcast interview with Sharon Nelson and John Simek for their podcast series Digital Detectives on the Legal Talk Network. Here’s how you can listen to that interview.

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E-Discovery Day 2.0: eDiscovery Trends
 E-Discovery Day 2.0: eDiscovery Trends 370 55 CloudNine

We’ve recently celebrated Halloween, we’re about to celebrate Thanksgiving. Guess what we celebrate next? You guessed it, it’s…E-Discovery Day!

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The Fall Version of The eDiscovery Business Confidence Survey Has a Canadian Influence: eDiscovery Trends
 The Fall Version of The eDiscovery Business Confidence Survey Has a Canadian Influence: eDiscovery Trends 334 328 CloudNine

With everything else we’ve been covering, we’ve been remiss to mention that it’s time for another round of the quarterly eDiscovery Business Confidence Survey created by Rob Robinson and conducted on his terrific Complex Discovery site. The fall survey is currently going on through the end of November. In addition to the affiliation with the Association of Certified eDiscovery Specialists (ACEDS), the survey now has a new Canadian influence.

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Here’s an Independent Review of CloudNine: eDiscovery Trends
 Here’s an Independent Review of CloudNine: eDiscovery Trends 400 400 CloudNine

If you love to read about legal technology, you probably have signed up for newsletters via Technolawyer. Technolawyer has several useful newsletters for the tech-interested legal professional, including BlogWorld and LitigationWorld. Recently, CloudNine was reviewed by Technolawyer with the resulting review published in the LitigationWorld newsletter.

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Public Comment Period Extended for Commentary on Defense of Process: eDiscovery Best Practices
 Public Comment Period Extended for Commentary on Defense of Process: eDiscovery Best Practices 428 600 CloudNine

As we noted a couple of months ago, The Sedona Conference® Working Group on Electronic Document Retention and Production (WG1) has issued a Public Comment Version of a new Principles and Guidelines for Developing and Implementing a Sound E-Discovery Process. The deadline for public comment was to have ended a couple of days ago, on November 15. Now, the deadline for public comment has been extended by the WG1 steering committee.

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Three Ways that eDiscovery is Safer in the Cloud: eDiscovery Trends
 Three Ways that eDiscovery is Safer in the Cloud: eDiscovery Trends 203 215 CloudNine

In the article 3 Ways E-Discovery is Safer in the Cloud than On-Premise, David Greetham discusses how, often, cloud service providers have stronger security options than those at law firms. He notes three reasons in particular as to why that is the case.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Defendant Sanctioned for Failing to Preserve Text Messages and Failing to Produce Native Format Data: eDiscovery Case Law
 Defendant Sanctioned for Failing to Preserve Text Messages and Failing to Produce Native Format Data: eDiscovery Case Law 479 270 CloudNine

In First Financial Security, Inc. v. Freedom Equity Group, LLC, California Magistrate Judge Howard R. Lloyd issued permissive adverse inference instruction sanctions against the defendant for deleting relevant text messages “with the intent to deprive” the plaintiff of the use of those text messages and for failing to produce native-format data that it was repeatedly ordered to produce. Judge Lloyd declined to sanction the defendant for spoliation of phone records or employment applications.

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Do Lawyers Actually Realize When They’re Using the Cloud?: eDiscovery Trends
 Do Lawyers Actually Realize When They’re Using the Cloud?: eDiscovery Trends 500 333 CloudNine

In his LawSites blog last week, Bob Ambrogi reported on results from the 2016 Legal Technology Survey Report by the American Bar Association’s Legal Technology Resource Center. One of the more notable statistics from the report is that just 38 percent of lawyers use cloud computing for law-related tasks. But, is that really true?

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Orders Forensic Examination of Key Custodian Computers: eDiscovery Case Law
 Court Orders Forensic Examination of Key Custodian Computers: eDiscovery Case Law 479 270 CloudNine

In Davis v. Crescent Electric Company et. al., South Dakota District Judge Lawrence L. Piersol ruled that a non-disclosure agreement would sufficiently protect any and all confidential and/or privileged information of the defendant that may be uncovered during the forensic examination for key custodians and that the information being requested by the plaintiff was relevant and not overly broad.

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