Court Rules that Defendant’s Failure to Timely Object to Subpoena Waives Objections Now: eDiscovery Case Law

In Whatley v. World Fuel Servs. Corp., Florida Magistrate Judge Edwin G. Torres granted Canadian Pacific Railway Company’s and Soo Line Railroad Company’s (“CP”) motion to compel the defendant to comply with a subpoena issued in the United States District Court for the District of North Dakota to produce certain documents in response to CP’s discovery requests related to a train derailment in Québec Canada.

Will Companies’ Insurance Coverage Withstand the Onslaught of COVID-19 Claims?: Cybersecurity Trends

This may come as no surprise to you, but since March, litigation has engulfed many organizations in disputes stemming from the novel coronavirus pandemic. Class action securities litigation, bodily injury lawsuits, and insurance coverage litigation have already made their way to courts nationwide. Will companies’ insurance coverage be able to withstand the expected litigation onslaught of COVID-19?

Alex, I’ll Take Nebulous Marketing Terms for $200: eDiscovery Trends

We’ve all seen them and, as this author points out, you’ve probably come across them so much you don’t even it notice anymore. They are the nebulous marketing terms that Alternative Legal Service Provider (ALSP) and legal tech companies use to describe their products. But, don’t blame them – they probably don’t even realize they’re doing it.

Court Rules that FBI Violated the Fourth Amendment When it Viewed the Defendant’s Lock Screen: eDiscovery Case Law

In U.S. v. Sam, Washington District Judge John C. Coughenour granted the defendant’s motion in part to suppress cell phone contents ruling that the FBI “‘searched’ the phone within the meaning of the Fourth Amendment…And because the FBI conducted the search without a warrant, the search was unconstitutional.” As for a second search, conducted by the Tulalip Police Department, Judge Coughenour ruling that “the record is devoid of concrete evidence regarding the inventory search purportedly conducted by the Tulalip Police Department”, ordered the parties to “file supplemental briefing addressing the circumstances surrounding Office Shin’s and the Tulalip Police Department’s alleged examinations of Mr. Sam’s phone.”

Court Grants Motion to Compel Production of Excel File, Under Seal: eDiscovery Case Law

In Corker, et al. v. Costco Wholesale, et al., Washington District Judge Robert S. Lasnik granted the plaintiffs’ motion to compel defendant BBC Assets to produce a document, that had previously been produced as a 2,269-page PDF, in its original native Excel format without redactions and also granted the plaintiffs’ motion to seal the document for confidentiality reasons, while denying defendant BBC Assets’ motion for a protective order confidential commercial information contained in the responsive spreadsheets.

Price, Price, Baby! Here are the Summer 2020 eDiscovery Pricing Survey Results: eDiscovery Trends

See what I did there? 😉 It’s time for another great survey from Rob Robinson and his terrific Complex Discovery blog. This is his semi-annual eDiscovery Pricing Survey, which is designed to provide insight into eDiscovery pricing through the lens of 15 specific questions answered by legal, business, security, and information professionals operating in the eDiscovery ecosystem.

Court Issues Terminating Sanctions Against Defendants for Multiple Spoliation Violations: eDiscovery Case Law

In WeRide Corp. v. Huang et al., California District Judge Edward J. Davila granted the plaintiffs’ motion for sanctions through FRCP Rules 37(b) and 37(e), issuing terminating sanctions against defendants Wang, Huang, and AllRide and ordering them to “pay WeRide’s reasonable fees and costs incurred in connection with (i) this motion; (ii) all discovery related to their spoliation of evidence; and (iii) the discovery motion practice before {Magistrate} Judge Cousins”.

What’s New with eDiscovery Technology? Here’s a Webcast that Will Tell You: eDiscovery Webcasts

Even though standardized collection, processing, and review processes and protocols are becoming commonplace, the technologies and tools that provide efficiencies and enhancements to these eDiscovery processes and protocols are continuing to evolve. Are you up to date on the latest evolutions in those technologies and tools? If not, here is a webcast that will bring you up to date.

Privacy Bill to Protect Americans’ Browsing and Search Histories from Warrantless Search Fails: Data Privacy Trends

As Maxwell Smart would say, “missed it by that much”. On Wednesday, an effort to protect Americans’ browsing and search histories from warrantless government surveillance failed by a single vote in the Senate. The privacy measure, sponsored by Sen. Ron Wyden (D-OR) and Sen. Steve Daines (R-MT) got 59 votes, one vote fewer than was needed to overcome a filibuster.

TODAY, You Can Learn All About the Ins and Outs of Form of Production: eDiscovery Webinars

Do you know how to request ESI in production that maximizes the information available to you and that also saves you money as well? Are you prepared to address arguments from producing parties regarding the production of ESI? And, are you aware of what the courts say regarding form of production? If not, join Tom O’Connor, Mike Quartararo and me for our ACEDS webinar about current rules regarding form of production, options available to you, the pros and cons of each and relevant case law regarding recent form of production disputes!

Large Entertainment Law Firm Hit by Ransomware Attack: Cybersecurity Trends

It’s not every day that I go to Variety for my daily blog post (in fact, it’s never happened before). But, this is a cybersecurity story that crosses over into the entertainment world. Here’s a large media and entertainment law firm that appears to have been the victim of a cyberattack – to the tune of about three quarters of a terabyte of data regarding its high profile clients.

Court Grants US Government’s Motion to Compel Against Town in FHA Case: eDiscovery Case Law

In U.S. v. Town of Irmo, S.C., South Carolina District Judge J. Michelle Childs granted in part plaintiff United States of America’s Motion to Compel, ordering defendant Town of Irmo, South Carolina to respond to several requests for production and interrogatories and produce corresponding evidence in native format. Judge Childs, after concluding that the defendant’s privilege log was “inadequate”, also ordered the defendant to “promptly” supply a privilege log to the plaintiff that conformed to Rule 26(b)(5).

Court Denies Plaintiff’s Request for Pay Data Already Produced in PDF Form by Defendant: eDiscovery Case Law

In Lundine v. Gates Corp., Kansas Magistrate Judge James P. O’Hara, depicting the situation as a “classic case of what happens when lawyers (even good, experienced lawyers such as those involved here) don’t spend the requisite time on the front end of a case nailing down how discovery of ESI will be handled”, denied the plaintiff’s motion to compel production of data in Excel or native format, as well as the request for plaintiff’s experts to retrieve the data under defendant’s supervision.

The eDiscovery Review Market May Never Be the Same: eDiscovery Trends

Even with two posts a day, so many stories, so little time! Meant to cover this yesterday, but couldn’t quite get to it. A couple of days ago, Rob Robinson’s terrific Complex Discovery site discussed the eDiscovery Review market and – not surprisingly, in light of the pandemic – made some adjustments to the estimate of the Review market for 2020. But, in my opinion anyway, that’s not even the most interesting part of his article.

How is the Pandemic Affecting the Ability for Legal Tech Companies to Get Paid?: eDiscovery Trends

Since the pandemic, we’ve certainly seen other industries struggle not only to keep customers buying what they have to offer, but also collecting payments from customers that have bought. Even though Legal is an industry where confidence is high, that doesn’t mean that legal and legal tech companies are immune to some of these same challenges. So, are legal tech companies struggling to get paid during the pandemic? Let’s see.


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