ProSearch and eDiscovery Today Announce Educational Partnership

LOS ANGELES and HOUSTON, May 25, 2022 – ProSearch, a leading provider of comprehensive discovery solutions to corporate legal departments and law firms, is pleased to announce an educational partnership with Doug Austin’s eDiscovery Today blog, the only daily blog for electronic discovery, information governance, cybersecurity and data privacy trends, best practices and case law.

2022 Verizon DBIR Report

The 2022 Verizon DBIR Report is Out!: Cybersecurity Trends

For the past eight years (including the last three on this blog), I’ve covered the Verizon Data Breach Investigations Report (DBIR) every year, which analyzes the reported cybersecurity and data breach incidents for the year. The 2022 Verizon DBIR Report was released yesterday – let’s check it out!

3 Reasons People Avoid

3 Reasons People Avoid Using TAR in Their Cases and 4 Ways to Promote Using It: eDiscovery Best Practices

Eegads! A Saturday morning post* from eDiscovery Today? Recently, I’ve started writing posts for EDRM for them to publish on their blog. But, of course, the reader of eDiscovery Today are my first priority (and my bread and butter), so I want to make sure you can enjoy that content as well. So, ICYMI, here are 3 reasons people avoid using TAR in their cases and 4 ways to promote using it.

Cuba Ransomware

Cuba Ransomware Group Hacked FRONTEO

In yesterday’s post, I didn’t have info yet on the ransomware group that hacked FRONTEO. But I can now report that it was the Cuba ransomware group that reportedly hacked FRONTEO’s site.

Beaven Analysis

Beaven Analysis Results in Court Granting Motion to Exclude Sanctions: eDiscovery Case Law

In Rose v. Target Stores, Tennessee District Judge Mark S. Norris granted the defendant’s Motion and Incorporated Memorandum of Law to Exclude any Allegations of Spoliation of Documents as Related to Prior Falls on Defendant’s Premises, finding that the plaintiff “failed to make her case under Rule 37(e) for an adverse inference instruction on spoliation” and also failed to satisfy at least two of three prongs of the Beaven analysis adopted by the Sixth Circuit.

Salesforce Data

Salesforce Data Must Be Produced as Screen Shots or Deposition Taken, Court Affirms: eDiscovery Case Law

In Famulare v. Gannett Co., New Jersey District Judge William J. Martini, finding that “Defendants have not persuaded this Court that the December 6, 2021 text order is clearly erroneous, contrary to law, or an abuse of Judge Hammer’s discretion” denied the defendants’ appeal of Magistrate Judge Michael Hammer’s order for the defendants to produce screenshots of Salesforce data from the defendant’s online Salesforce database or submit to a Rule 30(b)(6) deposition of a defendant representative if it maintained it could not produce the screenshot format.

Inadvertently Disclosed Email

Inadvertently Disclosed Email Not Enough to Warrant Sanctions, Court Rules: eDiscovery Case Law

In Emerson Creek Pottery, Inc. v. Emerson Creek Events, Inc., Senior District Judge Norman K. Moon denied the plaintiff’s “eleventh-hour” motion for spoliation inferences, finding that the plaintiff failed to prove ESI was lost, despite an inadvertently disclosed email from the defendant stating: “[w]e had no Idea we should have printed out and or saved any emails”.

2022 eDisclosure Systems Buyers

The 2022 eDisclosure Systems Buyers Guide is Here!: eDiscovery Trends

When it comes to buyers guides for “eDisclosure” (i.e., what they call “eDiscovery” across the pond), there are none better than Andrew Haslam’s annual eDisclosure Systems Buyers Guide.  The good news is that it’s time for his 2022 edition! The bad news is that it’s his last one, at least in the current form.


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