eDiscovery Daily

DECEMBER 4, 2019

In this case, the defendants produced in discovery a January 27, 2012 email from a pharmacy district manager for 33 Shop ‘n Save pharmacies, instructing those pharmacies to “throw away all your competitor’s price matching lists and get rid of all signs that say we match prices.” Case opinion link courtesy of eDiscovery Assistant.

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eDiscovery Daily

APRIL 2, 2018

Cherry, finding (among other things) that the defendants “have not met their burden of showing that” the plaintiff had control of the data, denied the defendants’ motion to compel the plaintiff to produce supplemental documents, including a forensically imaged hard drive. Case Background. So, what do you think?

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eSecurity Planet

JUNE 10, 2024

The problem: Cox Communications fixed an authorization bypass flaw that allowed remote attackers to use backend APIs to reset modem settings and steal user data. The problem: SonicWall Capture Labs’ research team uncovered a critical remote code execution vulnerability ( CVE-2024-21683 ) in Atlassian Confluence Data Center and Server.

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Security Affairs

OCTOBER 31, 2019

” The APT41 has been active since at least 2012, it was involved in both state-sponsored espionage campaigns and financially-motivated attacks since 2014. The group hit entities in several industries, including the gaming, healthcare, high-tech, higher education, telecommunications, and travel services industries.

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eDiscovery Daily

JANUARY 14, 2018

Tom also wrote a terrific four part informational overview on Europe’s General Data Protection Regulation (GDPR) titled eDiscovery and the GDPR: Ready or Not, Here it Comes. million scanned electronic documents which at the time was considered an extremely high volume and caused logistical problems for both the parties and the Court.

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eDiscovery Daily

NOVEMBER 19, 2018

To begin to answer that question, let’s take a look at the ethical obligation that lawyers have to be technically competent and the state of technology education for lawyers today. But even so, in 2012 the ABA issued a model rule on the issue in its Model Rules of Professional Conduct and, so far, 32 states have adopted a similar rule.

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eDiscovery Daily

JULY 4, 2018

TSC and its Working Group 1 on Electronic Document Retention & Production (WG1) have announced the publication of the Public Comment Version of The Sedona Conference Primer on Social Media, Second Edition. Now, The Sedona Conference® (TSC) has updated a primer to help with social media issues.

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eDiscovery Daily

AUGUST 14, 2019

This post was originally published on September 18, 2012 – when eDiscovery Daily was not quite two years old. Documents during review may be classified in a number of ways, but the most common ways to classify documents as to whether they are responsive, non-responsive, or privileged. Example of File Count Tracking.

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eDiscovery Daily

SEPTEMBER 4, 2019

This post was originally published on November 13, 2012 – when eDiscovery Daily was early into its third year of existence. When looking for documents in your collection that mention key individuals, conducting a name search for those individuals isn’t always as straightforward as you might think. Doug Austin”. Or even “Jimbo”?

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eDiscovery Daily

MAY 6, 2019

The Appellee’s deposition was taken in April 2012, where she testified that she had obtained a new desktop computer and had destroyed her old computer in December 2011. She did not preserve any records, documents, or emails from her old computer and did not inform anybody, including the City Attorney, that she was destroying it.

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eDiscovery Daily

SEPTEMBER 11, 2019

This post was originally published on November 15, 2012 – when eDiscovery Daily was early into its third year of existence and continues the two-part series we started last week. Email addresses still provide the same opportunities and challenges for identifying documents associated with individuals that they did nearly seven years ago.

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eDiscovery Daily

NOVEMBER 13, 2019

This post was originally published on June 28, 2012 , when eDiscovery Daily was less than two years old. Activities: Create List of Key Employees Most Likely to have Documents Relevant to the Litigation: To estimate the scope of the case, it’s important to begin to prepare the list of key employees that may have potentially responsive data.

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eDiscovery Daily

AUGUST 1, 2018

Prior to this class action lawsuit involving broiler chicken prices, defendant Agri Stats was the subject of a DOJ investigation and claimed it “searched for and produced to the DOJ documents and information like what the EUCPs are requesting”. million documents might be excluded from Agri Stats’s review.

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eDiscovery Daily

MARCH 4, 2019

To maintain the requisite knowledge and skill of a competent practitioner, a lawyer should engage in continuing study and education. If a system of peer review has been established, the lawyer should consider making use of it in appropriate circumstances. This survey had 40 respondents, up from 31 the last time. So, what do you think?

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eDiscovery Daily

JANUARY 9, 2019

Mazzant granted the plaintiff’s motion to compel in part, ordering the defendants to produce documents related to four specific categories, but within certain parameters. Plaintiff is Able to Get Some Subpoenas for Personal Data Quashed, But Not All : In Delgado v. Sigma Drilling Techs., LLC, et al. Texas District Judge Amos L.

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eDiscovery Daily

APRIL 25, 2018

” The Defendant also filed a motion to compel the Plaintiff to use specific electronic search terms (“attorney w/2 general” and “consent w/2 decree”) related to a 2012 consent decree that Plaintiff entered into with Washington State’s Attorney General. ” Case Background. ” So, what do you think?

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Unwritten Record

FEBRUARY 19, 2019

It was intended to provide a temporary home for freedpersons while they obtained the basic education and vocational skills necessary to obtain work and become self -sufficient. This map represents one of the first American attempts to translate census data into a visual representation on a map. Historic Documentation Programs.”

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eDiscovery Daily

JULY 8, 2018

Merryday sustained the defendant’s objection to an order requiring the defendant to produce all documentation related to do-not-call requests received between September 2012 and June 2013 and also required the plaintiff to move for class certification by April 13. 27, 2018) , Florida District Judge Steven D. Case Background.

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eDiscovery Daily

JANUARY 7, 2019

Discovery involving mobile devices is increasing, so case law related to mobile device discovery is increasing too, including a landmark SCOTUS ruling regarding the need for a search warrant to obtain physical location data of a subject’s cell phone. Despite that ruling, not all cases involving physical location data turned out the same way.

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eDiscovery Daily

OCTOBER 2, 2019

This post was originally published on March 23, 2012 , and concludes our two-part series on this topic. You should keep written records of each of these interviews and document the reasoning for determining which individuals to interview. Please share any comments you might have or if you’d like to know more about a particular topic.

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eDiscovery Daily

OCTOBER 1, 2019

2012), objections overruled , 283 F.R.D. Topics that seek information regarding the knowledge of third parties, such as complaint information, persons and documents identified in initial disclosures, or information dealing with the substance of a third party’s knowledge, are improper for Rule 30(b)(6) purposes. & Exch. Utah 2015).

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eDiscovery Daily

JULY 18, 2018

As we discussed earlier this month , The Sedona Conference® (TSC) and its Working Group 1 on Electronic Document Retention & Production (WG1) have announced the publication of the Public Comment Version of The Sedona Conference Primer on Social Media, Second Edition. Want to learn more about it without reading the 58 page PDF file?

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eDiscovery Daily

JANUARY 6, 2019

To get the data produced, you first need to show that the producing party has possession, custody and control of that data. As usual, there are disputes about the privilege status of documents and whether inadvertently disclosed materials can be subject to clawback. And, here we go …. POSSESSION, CUSTODY & CONTROL.

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eDiscovery Daily

AUGUST 6, 2018

In March 2018, the defendant requested various releases from Plaintiff to obtain documents regarding her employment, a prior car accident in 2015, and records from medical providers and the plaintiff provided some of the requested releases in the same month. Case Background. 26(b)” and granted the defendant’s request for that information.

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eDiscovery Daily

MARCH 8, 2018

E-discovery luminary and recipient of the Masters Conference Educator of the Year 2016, Mary provides ACEDS and its membership more than a decade of strong credibility and sound leadership within the e-discovery community. Friday, March 16: Mary Mack. Mary is Executive Director of the Association of Certified eDiscovery Specialists (ACEDS).

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eDiscovery Daily

APRIL 22, 2018

He testified that the new email archive system was not fully installed at the plaintiff’s organization until July 2012, that five years of emails were kept at the time and that emails were kept until automatically deleted once they aged five years. Case opinion link courtesy of eDiscovery Assistant.

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eDiscovery Daily

JANUARY 8, 2018

Austin (no relation) denied the defendant’s motion to overrule the plaintiff’s objections to the defendant’s discovery requests, due to the fact that the plaintiff stated it was withholding documents based on each of the objections. Court Rules that Plaintiff’s Request for Data from Defendant is “Extraordinarily Burdensome” : In Solo v.

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Metadata Computer and Electronics Sales Education 44

eDiscovery Daily

JANUARY 7, 2018

Oh, and how would you like to have $10M shaved off your bill for document review? Court Defines Narrowed Scope for Requests for Social Media Data : In Scott v. Plaintiff Can Review Documents Deemed as Non-Responsive, But Has to Bear its Own Costs : In Nachurs Alpine Solutions, Corp. Bartlett Tree Expert Co.

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eDiscovery Daily

NOVEMBER 3, 2019

In this Title VII and § 1981 disparate treatment action filed by the plaintiff, she had previously made an internal EEO Complaint in 2013 which allegedly arose from her participation in the 2012 investigation of Robert Lash after which she contended that she was “targeted by her managers and treated differently”.

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eDiscovery Daily

MAY 21, 2018

The Ernie Challenge posited a case with roughly 1 terabyte of data to collect and a final amount of 200 gigabytes of data to review, most of that e-mail with the balance being various types of financial data. For 200 GB of data! Are there really applications that attorneys can use themselves to process and host data?

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eDiscovery Daily

JANUARY 7, 2020

Here is one such case from 2019: Court Denies Defendant’s Motion to Compel Production of Documents and Metadata : In Washington v. There are always a handful of cases each year related to discovery of social media data. GEO Group, Inc. Washington District Judge Robert J. 37(a)(1).”. SOCIAL MEDIA RELATED CASES. We’re only halfway done!

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eDiscovery Daily

JANUARY 30, 2019

In addition to that, CloudNine conducted a great new NineForum Discovery Education Series where prominent and highly respected eDiscovery and litigation support experts delivered 9 TED-style talks, 20 minutes each, covering important topics impacting the legal community. GDPR 8 Months Later: Trends in Litigation and Regulation.

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eDiscovery Daily

JANUARY 30, 2018

ESI sources: now that we routinely deal with email, text messages and mobile discovery, what is happening with data sources like Bluetooth connections, wearables, medical devices or smart home video? Will we see lawyers subpoena the connected car for its sensor data? Tired of looking at Enron data?

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eDiscovery Daily

JANUARY 6, 2020

Last year, eDiscovery Daily published 66 posts related to eDiscovery and data privacy case decisions and activities over the past year, covering 56 unique cases ! Here are six cases that dealt with disputes regarding mobile and messaging data (two of them involved celebrities!): So, as we have done for the last eight(!)

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eDiscovery Daily

JANUARY 9, 2018

Today, let’s take a look back at cases related to possession, custody and control, subpoena of cloud provider data, waiver of privilege and the first part of the cases relating to sanctions and spoliation. Just because you don’t physically have your hands on the data doesn’t mean you’re not responsible for it. Wilkinson, Jr.

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eDiscovery Daily

AUGUST 28, 2019

This post was originally published on July 31, 2012 – when eDiscovery Daily wasn’t even two years old yet. Oh, and (as we are more focused on documents than pages for most of the EDRM life cycle as it’s the metric by which we evaluate processing to review), so it’s the documents per GB that tends to be more considered these days.

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Data Protector

OCTOBER 11, 2017

What follows below is an edited version of the debate in the House of Lords of the Second Reading of the Data Protection Bill, held on 10 October. Data is not just a resource for better marketing, better service and delivery. Data is used to build products themselves. It has become a cliché that data is the new oil.

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