Because You Need to Know: Monthly News Round-Up for September 2018

A monthly round-up of industry news stories, useful publications, and notable cases of which you should be aware from the preceding month

Welcome to “Because You Need to Know,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, noteworthy cases, new publications, and XDD materials from the preceding month.  This post gathers items of interest from September 2018.

Industry News Stories

Interesting topics in the news from September include the ramifications of a new copyright directive, the expectedness of text messages, and a new data breach at Facebook:

• The Ramifications of a New Copyright Directive
  • 5 Key Points for Legal From the EU’s Controversial Digital Copyright Directive

• The Expectedness of Text Messages
  • Is Presumptive Text Message Searching in the Future (or Present) of E-Discovery?

• A New Data Breach at Facebook
  • Facebook Announces Data Breach Affecting More Than 50 Million Users

Notable Cases

New eDiscovery cases discussed in September include:

• Late disclosure in violation of Rule 26(a)(1) leads to evidentiary exclusion
• Court Rules that Defendant’s Boilerplate Objections Results in Waiver of Those Objections
• Court Compels Non-Party Insurance Agents to Produce Text Messages in TCPA Case
• Despite late legal hold, no relevant evidence lost
• Plaintiffs Granted Discovery Extension Due to Defendant’s TAR Review Glitch
• You Know It’s Bad When The Court Decision Has A Table Of Contents
• The Dangers Of Counsel Not Being Active Participant In The Discovery Process

XDD Materials

XDD published four new blog articles and one new educational webinar in September:

• Blog Articles
  • Technology-Assisted Review Series:
    • Part 11 – Trying to Compel TAR Use in Hyles
    • Part 12 – Addressing Process Adequacy and Transparency in Winfield
    • Part 13 – A Few Final Cases of Note
    • Part 14 – Key Takeaways from Our Case Law Survey

• Educational Webinar
  • Hold On: Get a Grip on Conducting Effective Legal Holds – Legal holds remain a common source of issues for litigants, particularly with regard to the spoliation that can follow an ineffective or nonexistent legal hold and the question of whether reasonable efforts to preserve were taken. In this free educational webinar, XDD Director of Education Matthew Verga, JD, provides guidance on achieving effective legal holds, including discussion of: the duty of preservation and its triggers, the elements of an effective legal hold, processes and policies for effective execution, tools for hold issuance and tracking, and more.

As always, we welcome your input regarding future topics for our webinars, articles, and white papers.  Share your interests with us here.