eDiscovery Daily

FEBRUARY 3, 2022

Discovery requests of the past had little reason to include text messages as a form of evidence. Unless subpoenaed, they may refuse to participate in discovery investigations. As a better alternative, companies can find a discovery solution to produce the evidence through native or near-native files. 4] Anthony J.

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e-Discovery Computer and Electronics Communications Authentication 78

eDiscovery Daily

JANUARY 9, 2019

And we all thought that Rule 37(e) had the biggest impact from the 2015 Federal Rules changes when maybe it was actually Rule 26(b)(1)! And, we’re also seeing parties identifying privacy as a reason not to comply with discovery requests (including at least one case where even the courts couldn’t agree on the outcome). LLC, et al.

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e-Discovery Metadata Insurance Privacy 48

eDiscovery Daily

JANUARY 9, 2018

Sweet, among other rulings, issued an adverse inference sanction against one of the defendants for its failure to preserve text messages in the possession of a non-party, finding that defendant had control of the non-party’s text messages, given that he was contracted by the defendant and provided documents and gave a deposition during discovery.

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e-Discovery Computer and Electronics Communications Cloud 39

eDiscovery Daily

JANUARY 8, 2020

Since the 2015 Federal Rules changes and changes to Rule 26(b)(1) regarding the scope of discovery, we’re seeing more disputes regarding proportionality vs. relevancy vs. privacy than ever. Discovery Can’t Be Stayed While Motion to Dismiss is Considered, Court Says : In Udeen v. PROPORTIONALITY vs. RELEVANCY vs. PRIVACY. Kiewit Corp.

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e-Discovery Privacy Computer and Electronics Insurance 45