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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. 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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The Discoverability of IoT Devices

eDiscovery Daily

In an aggravated arson and insurance fraud case, Ross Compton’s guilt was proven by his pacemaker. It would be remiss of litigants to ignore IoT devices during the discovery process. 2] Erik De La Garza, “Charges Dropped in Amazon Echo Murder Case,” Courthouse News Service, November 29, 2017, [link]. [3] 5] Greg Goth.

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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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Court Orders Defendants to Resubmit Production of “Inferior” Quality Documents: eDiscovery Case Law

eDiscovery Daily

Judge Nocel also ordered the defendants to pay plaintiff’s attorneys’ fees and expenses associated with his motion to compel, but decided that the plaintiff’s request for an independent forensic expert to preside over the technical discovery requests and responses was not warranted at this time. Case Background. Judge’s Ruling.

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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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Historic Charges: First Enforcement Action Filed by New York Department of Financial Services Under Cybersecurity Regulation

Data Matters

On July 21, 2020, the New York State Department of Financial Services (NYDFS or the Department) issued a statement of charges and notice of hearing (the Statement) against First American Title Insurance Company (First American) for violations of the Department’s Cybersecurity Requirements for Financial Services Companies, 23 N.Y.C.R.R.

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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. An article written by Anton Janik, Jr. Of course, as you probably know by reading this blog, the DLA Piper situation isn’t unique.