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?
When You “Screw Up” on a Project, How do You Handle It?: eDiscovery Best Practices
I’m embarrassed to admit this, but, fairly early in my career, in one of the first projects that I managed, I screwed up. Screwed up royally. How would you handle that situation? Here’s how I handled it.
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.”
Over Half of British Legal Workers Say They Still Need Help to Work from Home: eDiscovery Trends
More than three quarters (77 percent) of respondents in a recent survey of British workers in the legal profession say they believe the lockdown has proven they can work effectively from home. But, over half of the respondents also say their company should be doing more to help.
eDiscovery Before and After COVID-19: What to Expect: eDiscovery Trends on Digital Detectives
Last week, I sat down for an interview with Sharon Nelson and John Simek on their excellent Digital Detectives podcast series and we discussed a variety of topics related to eDiscovery trends – before COVID-19 and since the pandemic began. Here’s where you can find it!
Grandmother Ordered to Delete Facebook Photos of Her Grandchildren Because of GDPR: Data Privacy Trends
A woman has been ordered by a court in the Netherlands to delete photographs of her grandchildren that she posted on Facebook and Pinterest without their parents’ permission.
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.
Here’s a Different Way to Take Up the “Slack”: eDiscovery Resources
I started the week covering Craig Ball’s terrific blog post about slack space. But, thanks to yesterday’s webcast from HaystackID, I learned about a completely different resource for a completely different Slack – the messaging app for collaboration that has become so popular.
It Turns Out That the UK Handles Form of Production Differently: eDisclosure Best Practices
Our ACEDS webinar regarding form of production from last week was covered by a digital forensics and eDisclosure expert from the UK, where he discussed how the UK handles form of production and how it differs from the US. The differences are very interesting!
Here’s One Area Where Companies Are Spending (Or at Least Will Be Soon): Data Privacy Trends
Sure, a lot of budgets are taking a hit during this pandemic. But, budgets in at least one area may be seeing a dramatic increase, if not now, then soon. Can you guess what it is?
Texas “Zooms” Into Remote Jury Trials (Sort Of): Courtroom Trends
In what might be a first across the United States, Texas judges on Monday invited a jury pool to a court proceeding over a Zoom video teleconference.
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.
Craig Ball Says That Unless it’s Proportional, Take Up the Slack: eDiscovery Best Practices
Or is it cut yourself some slack? When it comes to slack space, Craig says it just may not be worth it to search much anymore.
Here’s Your Chance to Catch Our ACEDS Webinar on Form of Production (if You Missed it Yesterday)!: eDiscovery Webinars
Yesterday, ACEDS conducted the webinar Forms of Production: Maximizing Benefit and Managing Costs and Tom O’Connor, Mike Quartararo and I had a great discussion about form or production. You missed it, you say? Well, you can check it out here!
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.
Lawyer Faces Admonition Over Facebook “Friending” to Gather Info From Adverse Party: eDiscovery Trends
There was a TV show in the 80s and early 90s for which the theme song was Thank You for Being a Friend. A New Jersey attorney faces an admonition for instructing his paralegal to become an adverse party’s Facebook “friend” to gain an advantage in litigation. Don’t think that’s what the song had in mind.
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!
Here’s Another Free Training and Certification Offering, For Those Who Really Need It: eDiscovery Trends
If it’s free, it’s for me! Hey, didn’t I already say that before? Anyway, here’s a FREE training and certification offering from EDT – the best part is that it’s geared to those in the legal profession who really need it. And, again, you can only find it here, on eDiscovery Today (at least for now). 🙂
Texas Courts Hit By Ransomware, But “No Sensitive Data Compromised”: Cybersecurity Trends
Third cybersecurity story in two days! In my home state, no less. But, this appears to have a happier ending – at least, according to the IT provider for the state judicial agencies and the appellate courts within the Texas Judicial Branch.
Looks Like Zoom Will Soon Have End-to-End Encryption: Cybersecurity Trends
It’s cybersecurity day! Though this is a much more positive topic than this morning’s post – at least for paid users of Zoom, acquisition of a company specializing in encrypted messaging and cloud services.
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.
eDiscovery Today Welcomes HaystackID as its First Education Sponsor
eDiscovery Today is pleased to announce that HaystackID is its first Education Sponsor! HaystackID is a specialized eDiscovery services firm that helps corporations and law firms find, listen to, and learn from data when they face complex, data-intensive investigations and litigation.
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.
Maura Grossman and Gordon Cormack Put TAR to Work to Help with the COVID-19 Fight: eDiscovery Trends
It’s Technology Assisted Review (TAR) day! And there may never have been a more important use for TAR than this one!
An Interview with the Authors of a New TAR Framework, Part Two: eDiscovery Best Practices
Yesterday, we began our interview with Christine Payne of Redgrave LLP and Michelle Six of Kirkland & Ellis LLP, who recently proposed a new framework for using TAR in the context of civil litigation. Here is the conclusion of our interview.
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.
An Interview with the Authors of a New TAR Framework: eDiscovery Best Practices
Christine Payne of Redgrave LLP and Michelle Six of Kirkland & Ellis LLP recently proposed a new framework for using TAR in the context of civil litigation and were nice enough to sit down with me for an interview to discuss the framework, how it came about and where they see it heading from here.
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.
This FREE Offer is From the Leader in eDiscovery Case Law and Useful Resources: eDiscovery Best Practices
If it’s free, it’s for me! Especially these days. But, this is a FREE trial from the leader in eDiscovery case law and other useful resources for attorneys and legal professionals – eDiscovery Assistant! And, you can find it here, on eDiscovery Today!
How Do People in Legal Feel About Their Job Outlook? You Might Be Surprised: eDiscovery Trends
Let’s face it, a lot of people these days are concerned about their job security and outlook due to the pandemic and the economic crisis, regardless of industry. But, how do people in the Legal industry feel about it? You might be surprised.
Here’s a Commentary on Jurisdictional Conflicts over Transfers of Personal Data Across Borders: Data Privacy Best Practices
On April 22, The Sedona Conference (TSC) and its Working Group 6 (WG6) on International Electronic Information Management, Discovery, and Disclosure announced the publication of TSC’s Commentary and Principles on Jurisdictional Conflicts over Transfers of Personal Data Across Borders.
Court Sides with Plaintiff on Some Discovery Disputes, But is “Frustrated” by Her Position on Others: eDiscovery Case Law
In Pertz v. Heartland Realty Invs., Inc. et al., California Magistrate Judge Thomas S. Hixson issued orders to the defendants to address certain discovery deficiencies, but indicated its frustration with some arguments by the plaintiff with regard to relevance, proportionality, privacy and handling of redactions.
Last Day to Sign Up for FREE Brainspace Training! But, There’s Good News!: eDiscovery Education
Today’s the last day to sign up for FREE Brainspace training and certification. But, there’s also good news! You have up to 90 days to complete it!
SCOTUS Adopts Amendment to FRCP 30(b)(6): eDiscovery Trends
Tom O’Connor wrote about it last year. And, then Tom and I covered it on a webcast. Now, the US Supreme Court (SCOTUS) has adopted an amendment to the Federal Rules of Civil Procedure (FRCP) for Rule 30(b)(6) and transmitted it to Congress.
Here’s the eDisclosure Systems Buyers Guide for 2020: eDiscovery Trends
You can’t stop him, you can’t even hope to contain him! Yes, it’s time for Andrew Haslam’s annual eDisclosure (i.e., what they call “eDiscovery” across the pond) Systems Buyers Guide!
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