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Do’s and Don’ts of Text Message Discovery

eDiscovery Daily

Discovery requests of the past had little reason to include text messages as a form of evidence. Corporate servers stored the data, regardless of how the email was sent or received (via mobile device or work computer). Unless subpoenaed, they may refuse to participate in discovery investigations. 4] Anthony J.

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2017 eDiscovery Case Law Year in Review, Part 3

eDiscovery Daily

Yesterday, we looked back at cases related to discovery about discovery, technology assisted review, form of production disputes, objections to production requests and an interesting dispute between an eDiscovery provider and their former sales people. Is a 30+ year old law sufficient to regulate access of personal data in 2017?

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What’s a Lawyer’s Duty When a Data Breach Occurs within the Law Firm: Cybersecurity Best Practices

eDiscovery Daily

When I spoke at the University of Florida E-Discovery Conference last month, there was a question from the live stream audience about a lawyer’s duty to disclose a data breach within his or her law firm. Please remove all laptops from docking stations & keep turned off. No exceptions*. And, Model Rule 1.4

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No Bad Faith Means No Sanctions for Failing to Preserve Video of Altercation: eDiscovery Case Law

eDiscovery Daily

The plaintiff’s workers’ compensation claim was settled in January 2017. The plaintiff subsequently filed the suit in July 2017. Case Background.

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2019 eDiscovery Case Law Year in Review, Part 3

eDiscovery Daily

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.