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Substantial Spoliation Leads to Significant Sanctions

FRCP 37(e) was amended in December 2015 in an attempt to increase the consistency and predictability with which sanctions for the spoliation of electronically-stored information (ESI) were applied. Since those amendments, numerous cases have explored the application of the amended rule and wrestled with questions regarding intent to deprive, inherent authority, and more. These issues were recently explored again in the WeRide case.

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Because You Need to Know: Monthly News Round-Up for April 2020

Our monthly legal eDiscovery news round-up for April 2020 features the legal industry’s and courts’ continuing adaptation to COVID-19, as well as new cases, new publications, and a bevy of new XDD educational content.

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California Courts Again Avoid Social Media Constitutional Question

We have discussed before some litigants’ attempts to obtain non-public social media materials by subpoenaing those materials directly from the social media service providers, which run up against the Stored Communications Act (SCA). Recently, this issue has arisen again in the case of Facebook, Inc. v. Superior Court of the City and County of San Francisco, No. A157143 (Cal. Ct. App. Feb. 13, 2020).

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Can a Party Compel Another Party’s Use of TAR?

We have discussed before the question of whether or not one party can compel another party to utilize a technology-assisted review methodology for discovery. Recently, in the case of In re Mercedes-Benz Emissions Litig., Case No. 2:16-cv-881 (D.N.J. Jan. 8, 2020), a Special Master revisited this question to resolve a discovery impasse over one side’s desire to employ a “custodian-and-search-term approach.”

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Because You Need to Know: Monthly News Round-Up for March 2020

Our monthly legal eDiscovery news round-up for March 2020 features adapting to COVID-19 and maintaining privacy compliance, as well as recent cases and a variety of new XDD educational content.

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Are Parties Obligated to Obtain Translations for Production?

As more corporations operate across borders, more and more foreign language documents have become potentially relevant in litigation. In many such cases, parties will obtain certified translations of their own relevant foreign-language documents, prior to production, to facilitate review and later use in litigation. But what if a party doesn’t wish to do so? Is a party obligated to obtain certified translations of documents for its opponent’s use?

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More Recent Social Media Cases, 2020 Social Media Update Part 4

In this multi-part update series, we are reviewing recent statistics, news, resources, and cases related to social media in eDiscovery and the technical and legal challenges it creates for practitioners. This part discusses recent social media cases touching on Slack sources and other topics.

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Because You Need to Know: Monthly News Round-Up for February 2020

Our monthly legal eDiscovery news round-up for February 2020 features collaboration tool challenges, adapting to the CCPA, and legal service offering innovations, as well as recent cases and a variety of new XDD educational content.

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Recent Social Media Cases, 2020 Social Media Update Part 3

In this multi-part update series, we are reviewing recent statistics, news, resources, and cases related to social media in eDiscovery and the technical and legal challenges it creates for practitioners. This part discusses recent social media cases touching on discoverability, spoliation, and ephemeral messaging.

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Growing Challenges, 2020 Social Media Update Part 2

In this multi-part update series, we are reviewing recent statistics, news, resources, and cases related to social media in eDiscovery and the technical and legal challenges it creates for practitioners. This part discusses three aspects of social media evidence have become frequently-discussed areas of growing or potential challenges for practitioners: ephemeral messaging, emoji, and deepfakes.

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New Notifications, 2020 Social Media Update Part 1

As a review of almost any day’s news will demonstrate, social media remains an influential, indispensable part of American life, and its impact on discovery has been growing proportionately. In this multi-part update series, we will review recent statistics, news, resources, and cases related to social media in eDiscovery and the technical and legal challenges it creates for practitioners.

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Because You Need to Know: Monthly News Round-Up for January 2020

Our monthly legal eDiscovery news round-up for January 2020 features forensic access to iPhones, judicial concern about ephemeral messaging, and GDPR-based discovery objections, as well as recent cases and a variety of new XDD educational content.

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