Our Insights on eDiscovery

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

With No Proof of Duty to Preserve or Bad Faith, Plaintiffs’ Request for Sanctions is Denied: eDiscovery Case Law

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

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

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

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

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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Defendant Sanctioned for Failing to Preserve Text Messages and Failing to Produce Native Format Data: eDiscovery Case Law

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

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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