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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. Emails were the primary concern since they held the bulk (if not all) of business communications. Corporate servers stored the data, regardless of how the email was sent or received (via mobile device or work computer).

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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 No exceptions*. And, Model Rule 1.4

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2017 eDiscovery Case Law Year in Review, Part 3

eDiscovery Daily

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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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.