eDiscovery Daily Blog

In addition to its software and professional services, CloudNine also provides extensive education to eDiscovery practitioners as highlighted by its publication of the eDiscovery Daily Blog. Authored and edited by industry expert Doug Austin, the eDiscovery Daily is the go-to resource for thousands of eDiscovery and eDisclosure professionals seeking to keep up with the latest news and case law in the world of digital discovery.
Court Denies Default Judgment Sanctions for Defendant’s Production of Two Versions of Same Email: eDiscovery Case Law
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In Catrinar v. Wynnestone Communities Corp., et al., Michigan Magistrate Judge R. Steven Whalen denied the plaintiff’s Motion for Discovery Sanctions (requesting a default judgment) for fabricating and producing false evidence, finding that the defendant’s production of two versions of an email fail all four factors of the Harmon test applied by the court in this case to determine whether the defendant’s failure was due to willfulness, bad faith, or fault and whether the plaintiff was prejudiced by the defendant’s conduct, among other factors.

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Google Requests Contempt Order For $10,000 Sanctions Per Day Against…Google: eDiscovery Case Law
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Last month, we wrote that Google went 0 for 2 in August in its request for review of warrant cases related to the Stored Communications Act of 1986 (SCA) and the order to produce ESI stored internationally that is subject to warrants was upheld in both cases, including a ruling in the Northern District of California on August 14. So, why did Google ask the Court to impose a daily sanction of $10,000 against itself?

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It’s Fall, But Does That Mean That eDiscovery Business Confidence is Falling?: eDiscovery Trends
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The results are in from the Complex Discovery Fall 2017 eDiscovery Business Confidence Survey, which concluded two days ago and the results are published on Rob Robinson’s terrific Complex Discovery site. How confident are individuals working in the eDiscovery ecosystem in the business of eDiscovery? Let’s see.

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Windows 10 Fails to “Go Dutch” When it Comes to Protecting Privacy: Data Privacy Trends
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After yesterday’s story regarding SCOTUS taking up the Microsoft Ireland case, I’m not trying to make this “bad news week” for Microsoft, but with GDPR looming next year, this seemed like a good story to cover. According to a report, the Dutch Data Protection Authority (DPA) has declared that Windows 10 breaches the data protection law in the Netherlands over the way it processes personal information.

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SCOTUS to Take On Microsoft Ireland Case: eDiscovery Trends
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A few months ago, we reported that the Department of Justice had asked the U.S. Supreme Court to overturn that landmark appeals court decision handed down last summer in favor of Microsoft Corp. that put their company data stored overseas mostly out of reach of U.S. law enforcement. Yesterday, SCOTUS, at the urging of a whopping thirty-three states, agreed to take the case.

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Court Characterizes Plaintiff’s Request for Spoliation of Images Still Available as “Frivolous”: eDiscovery Case Law
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In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, New York District Judge Jesse M. Furman denied the Plaintiffs’ motion for spoliation sanctions for failing to preserve web pages containing disputed images, and motion in limine to preclude the testimony of a defense expert witness for failing to list him in the defendant’s initial disclosures.

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Plaintiff Sanctioned for Preserving Only Scanned Copy of Journal and Destroying the Original: eDiscovery Case Law
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In Mitcham v. Americold Logistics, LLC, Colorado Magistrate Judge Nina Y. Wang granted (in part) the defendant’s motion for sanctions for the plaintiff’s delay in producing a copy of a journal she kept while employed by the defendant and for her failure to produce the original copy of the journal by granting leave to re-open the plaintiff’s deposition for an additional two hours to examine the plaintiff about the journal and associated fees and expenses, but denied the defendant’s request for fees and expenses associated with the filing of the instant Motion and denied the defendant’s request for an adverse inference instruction.

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Webcast: Murphy’s eDiscovery Law – How to Keep What Could Go Wrong From Going Wrong (December 1, 2017)
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This CLE-approved webcast will discuss examples of recent eDiscovery disasters and highlight the common characteristics of those disasters.

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Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Cost: eDiscovery Best Practices
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Budgetary constraints are a common hurdle for law firms and legal departments seeking to address the legal, technological, and business elements of eDiscovery. This economic constraint is compounded by the lack of consistency, predictability, and transparency in the pricing of many software offerings, regardless of whether they are on-premise or off-premise, or based on emerging or mature technologies.

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Thanks to ACEDS, Today’s the Day to Learn Whether an On-Premise or Off-Premise Solution is Right For You: eDiscovery Best Practices
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When consumers are considering their eDiscovery technology choices, there are more factors to consider today than ever. In addition to considering the functionality of the software application, you now also have to consider whether to buy or “rent” the application, how the software is delivered to you and whether it’s required to be within your firewall or can be an off-premises solution. Thanks to ACEDS, you can learn today how to sort out those factors and make an educated solution selection.

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