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Industry News

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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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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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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Because You Need to Know: 2019 Year-in-Review, Part 4

Throughout the year, XDD rounds up industry news stories, noteworthy cases, and more in monthly “Because You Need to Know” posts. In this series, we are reviewing some of the biggest developments and most interesting cases from across 2019. In this final Part, we discuss selected proportionality cases from 2019 and a few other cases of note, including cases discussing nonparties’ duty to preserve, inadvertent disclosure, and Google Maps authentication

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Because You Need to Know: 2019 Year-in-Review, Part 3

Throughout the year, XDD rounds up industry news stories, noteworthy cases, and more in monthly “Because You Need to Know” posts. In this series, we are reviewing some of the biggest developments and most interesting cases from across 2019. In this Part, we discuss selected ESI spoliation sanctions cases from 2019.

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Because You Need to Know: 2019 Year-in-Review, Part 2

Throughout the year, XDD rounds up industry news stories, noteworthy cases, and more in monthly “Because You Need to Know” posts. In this series, we are reviewing some of the biggest developments and most interesting cases from across 2019. In this Part, we discuss selected social media and mobile devices cases from 2019.

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Because You Need to Know: 2019 Year-in-Review, Part 1

In this series, we will review some of the biggest developments and most interesting cases from across 2019, including: data privacy developments, continued source proliferation, state rule changes, useful new publications from Sedona and others, and more than two-dozen new cases discussing a range of eDiscovery issues. We begin, in this Part, with a review of 2019 news to know.

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Because You Need to Know: Monthly News Round-Up for December 2019

Our monthly legal eDiscovery news round-up features an update on the Standard Contractual Clauses case, standardized legal activity language, and cybersecurity risks for the legal industry, as well as recent cases and new XDD educational content.

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Because You Need to Know: Monthly News Round-Up for November 2019

Our monthly legal eDiscovery news round-up features source proliferation challenges, cybersecurity concerns, and data privacy developments, as well as recent cases and new XDD educational content.

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