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Will Lawyers Ever Embrace Technology?: eDiscovery Best Practices, Part Four

eDiscovery Daily

Craig Ball once made a great point in responding to a post of mine about educating lawyers when he said “ We not only need to persuade lawyers to take the plunge, we need to insure there’s a pool for them to jump into. Do they go to a community night course on computers? Pursue online education? Pursue online education?

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

eDiscovery Daily

In assessing the plaintiff’s motion, Judge O’Hara noted that “the parties agreed the surveillance video is a form of electronically stored information (“ESI”) subject to the preservation requirements of Rule 37(e)”. Case Background. I love you! Case opinion link courtesy of eDiscovery Assistant.

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Standardizing the Non-Standard Digital Forensics Protocol, Sort Of: eDiscovery Best Practices

eDiscovery Daily

Sponsor: This blog is sponsored by CloudNine , which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. In an unusually long blog post for Craig’s blog (dare I say a “Losey-ian” length blog post?),

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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.