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This Month's Highlighted Posts
Authored and edited by eDiscovery expert Doug Austin, eDiscovery Monthly highlights the best of each month's eDiscovery case law, best practices, and trend updates, as published on the highly recognized eDiscovery Daily Blog.
Changes in Federal Rules Result in Reversal of Adverse Inference Sanction

Changes in Federal Rules Result in Reversal of Adverse Inference Sanction

In Nuvasive, Inc. v. Madsen Med. Inc., No. 13cv2077 BTM(RBB) (S.D. Cal. Jan. 26, 2016), California Chief District Judge Barry Ted Moskowitz, considering new standards imposed under recently amended Federal Rule of Civil Procedure 37(e), granted the plaintiff’s motion for an order vacating the Court’s previous order granting (in part) the defendants’ Motion for Sanctions for Spoliation of Evidence.

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Europe and US Agree to Replace Safe Harbor with a Shield

Europe and US Agree to Replace Safe Harbor with a Shield

According to the European Commission, the EU-US Privacy Shield reflects the requirements set out by the European Court of Justice (ECJ) in its ruling in the Schrems case last October 2015 (covered by us here), which declared the old Safe Harbor framework invalid. The new arrangement will provide stronger obligations on companies in the U.S. to protect the personal data of Europeans and stronger monitoring and enforcement by the U.S. Department of Commerce and Federal Trade Commission (FTC), including through increased cooperation with European Data Protection Authorities.

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Apple in Court Battle Over Access to San Bernardino Shooter’s iPhone

Apple in Court Battle Over Access to San Bernardino Shooter’s iPhone

In a case that pits national security vs. privacy concerns, a federal judge on Tuesday ordered Apple to give investigators access to encrypted data on the iPhone used by one of the San Bernardino shooters, a court order that Apple has vowed to fight, accusing the federal government of an “overreach” that could potentially breach the privacy of millions of customers.

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Various Observations from LegalTech 2016

Various Observations from LegalTech 2016

I asked various people that I met with (and/or presented with) at LegalTech® New York 2016 (LTNY) last week to offer their observations about this year’s conference. Ten of them did, and those observations are reflected here.

The perspectives range from industry thought leaders to professionals at law firms and eDiscovery providers. They reflect observations about everything from the sessions, the exhibit hall, the traffic, the logistics and the industry itself (after all, LTNY is a microcosm of the industry). Some observations reflected the positive aspects of this year’s LTNY and some reflected some issues with the show and/or the exhibitors’ approach to the show.

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Alteration of Domain in Produced Emails Leads to Sanctions for Plaintiffs

Alteration of Domain in Produced Emails Leads to Sanctions for Plaintiffs

In CAT3, LLC v. Black Lineage, Inc., No. 14 Civ. 5511 (AT) (JCF) (S.D.N.Y. Jan. 12, 2016), New York Magistrate Judge James C. Francis IV, ruling that emails produced by the plaintiffs were “intentionally altered”, ordered that the plaintiffs would be precluded from relying on their version of those emails to demonstrate their case and that the plaintiffs would bear the “costs, including reasonable attorney’s fees, incurred by the defendants in establishing the plaintiffs’ misconduct and in securing relief.”

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Announcing Sixth Annual LTNY Thought Leader Series!

Announcing Sixth Annual LTNY Thought Leader Series!

The annual appearance of the dancing light bulb can only mean one thing – it’s time for another thought leader series! Over our nearly 5 1/2 years of our existence, eDiscovery Daily has published several thought leader interviews from various thought leaders throughout the eDiscovery community, including an annual series of interviews at LegalTech New York (LTNY). For the sixth(!) consecutive year, we’re pleased to introduce the schedule for this year’s series, which will begin next Monday, February 22.

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