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Many moons ago, when I was a litigation associate at a law firm, I spent a fair amount of time on discovery—yes, discovery and not e-discovery, because the process had not yet gone electronic. I would physically go to clients’ offices, review boxes and file cabinets brimming over with (paper) documents, and figure out how [...]
In Safelite Grp., Inc. v. Lockridge, the U.S. District Court examined whether a cease-and-desist letter triggers a duty to preserve electronically stored information (ESI) and how routine deletion of text messages impacts spoliation sanctions under Rule 37. This case offers key lessons on preservation obligations, particularly when dealing with employees transitioning to competitors and the [...]
This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. A decision from the U.S. District Court for the Southern District of Ohio finding that a “an experienced businessman” was negligent in failing to discover and disable an auto-delete function on his phone that resulted in the loss of relevant [...]
A recent decision in ediscovery case law, Maziar v. City of Atlanta from June 10, 2024, underscores the crucial importance of early preservation, particularly regarding text messages from mobile devices. This case, presided over by United States District Judge Steven Grimberg, offers valuable lessons for litigation professionals. Notably, it represents one of the first instances [...]
By Jim Gill | June 15 2022 Complex data sources – such as chat messages or a SaaS application’s user interface – are called that for a reason in the world of ediscovery: namely because it’s challenging to reproduce the data in a way that’s useful for attorneys and investigators. In recent case law, there [...]
Why a Modern Data Review Platform is Critical to eDiscovery When legal professionals first incorporated electronically stored information (ESI) into their eDiscovery document review process, it opened the door for a variety of digital data types to be used in investigation and litigation. It didn’t take long for eDiscovery to begin taking in ESI like [...]
JSON is not a document, it is data… and lots of it! By: Trent Livingston Modern eDiscovery deals with much more than just documents. In 2020, people created 1.7 MB of data every second, and most of that data was likely stored in a database. Now, newer applications like Facebook, Twitter, Slack are storing copious [...]
The Metaverse: A New Frontier for eDiscovery? WRITTEN BY: Array - Julia Helmer In October 2021 Facebook founder Mark Zuckerberg announced the social media giant would rebrand the company as Meta and focus on developing the Metaverse, a digital platform that provides three-dimensional spaces for individuals to socialize, play, work, learn and shop. The Metaverse [...]
By John Patzakis The most important case of 2021 so far concerning social media evidence is arguably Edwards v. Junior State of America Foundation, No. 4:19-CV-140-SDJ, (US Dist. CT, E.D. Texas April 23, 2021). We blogged about this case earlier this year, with a focus on the spoliation issues and important positive mention of X1 [...]
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