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Because You Need to Know: Monthly News Round-Up for May 2021

Our monthly eDiscovery news round-up for May 2021 features remote matter complications and law firms’ post-pandemic transition plans, as well as noteworthy new cases and an assortment of new XDD educational materials, including a new practice guide and an educational webinar.

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Social Media Screenshots No Substitute for Spoliated Native Files

We have discussed before the challenges associated with collecting and authenticating social media evidence, including the unsuitability of relying on screenshots in most circumstances. Recently, in the case of Edwards, Jr. v. Junior State of America Foundation (E.D. Tex. Apr. 23, 2021), a United States District Judge found screenshots to be inadequate and the loss of the native files to be spoliation, resulting in the exclusion all related evidence.

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Because You Need to Know: Monthly News Round-Up for April 2021

Our monthly eDiscovery news round-up for April 2021 features the XDD-Consilio Merger, new social media developments, and new privacy considerations, as well as noteworthy new cases, useful new publications, and an assortment of new XDD educational materials.

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Pursuit of Overbroad Discovery Leads to Cost-Shifting of Almost $850,000

Last summer, in Lawson v. Spirit AeroSystems, Case No. 18-1100-EFM-ADM (D. Kan. June 18, 2020), a Magistrate Judge issued an order on shifting discovery costs that “may become the new ‘gold standard’” model for analysis of such motions under FRCP 26(c)(1)(B). That order was later upheld by the Judge in the case, resulting in the shifting to the requesting party of over $750,000 in costs associated with conducting a technology-assisted review process and almost $100,000 in expenses associated with the application.

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Another Case Discussing Discovery from Slack

As we discussed last year, use of the workplace collaboration and messaging tool Slack has been growing exponentially, and Slack has started to become a common source for the discovery of relevant materials. Recently, a debate over the discovery of Slack messages arose in another case: Benebone v. Pet Qwerks, et al., No. 8:20-cv-00850-AB-AFMx (C.D. Cal. Feb. 18, 2021).

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Because You Need to Know: Monthly News Round-Up for March 2021

Our monthly legal eDiscovery news round-up for March 2021 features Missouri rule changes, sanctions trends, the role of judges, privacy law developments, and text message risks, as well as noteworthy new cases and an assortment of new XDD educational materials.

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Because You Need to Know: Monthly News Round-Up for February 2021

Our monthly legal eDiscovery news round-up for February 2021 features privacy law updates, a data-driven spoliation analysis, and ongoing cybersecurity issues, as well as noteworthy cases, a useful new publications, and new XDD educational materials on mobile message review and production.

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Because You Need to Know: Monthly News Round-Up for January 2021

Our monthly legal eDiscovery news round-up for January 2021 features procedural rule changes, GDPR enforcement news, and continuing adaptation to virtual legal proceedings, as well as noteworthy cases, useful e-discovery publications, and new XDD educational materials on cyber breach investigations and technology assisted review.

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Can Cyber Breach Investigation Reports Be Protected Work Product?

As we have noted before, cyberattacks are a growing area of concern, both inside and outside of the legal industry. With so many breaches occurring and so many breach investigations being conducted, it is important to consider the discoverability of reports and other materials generated by those investigations. As two recent cases demonstrate, it can be difficult to satisfy the requirements for work product protection of such reports.

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

Our monthly legal eDiscovery news round-up for December 2020 features an FRCP amendment, new privacy developments, and continued cybersecurity concerns, as well as new noteworthy cases, and a variety of new XDD educational materials.

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

Our monthly legal eDiscovery news round-up for November 2020 features a CRPA privacy law update, continuing adaption to COVID-19, and a discussion of two recent Sedona publications, as well as new noteworthy cases, and a variety of new XDD educational materials.

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

Our monthly legal eDiscovery news round-up for October 2020 features continuing industry adaption to COVID-19 and cybersecurity concerns, as well as new noteworthy cases, new useful publications, and a variety of new XDD educational materials.

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