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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.
Confidence in eDiscovery Business is Up and Here is the Most Comprehensive LTNY Review

Confidence in eDiscovery Business is Up and Here is the Most Comprehensive LTNY Review

One of the great things about LegalTech New York (LTNY) is the ability to, not only to catch up with familiar faces, but also to meet new thought leaders in the industry.

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Predictive Coding is Officially Approved in First English Case

Predictive Coding is Officially Approved in First English Case

In Pyrrho Investments Ltd v MWB Property Ltd [2016] EWHC 256 (Ch), Master Matthews approved the use of predictive coding, due to the “enormous” expense of manually searching through the three million electronic documents associated with the case. This is believed to be the first time an English court has approved the use of predictive coding.

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Details Released on the New EU-US Privacy Shield

Details Released on the New EU-US Privacy Shield

The EU-US Privacy Shield, an important new framework for transatlantic data flows was announced on February 2. Within the same month, the European Commission released details on the new trans-Atlantic data transfer arrangement.

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Ex-Employee Sues Volkswagen Claiming He Was Fired for Refusing to Spoliate Documents

Ex-Employee Sues Volkswagen Claiming He Was Fired for Refusing to Spoliate Documents

The troubles for Volkswagen continue into the electronic discovery arena. According to the Courthouse News Service, an ex-employee of the company has filed suit, claiming that he was fired for refusing to take part in an alleged three-day purge of documents related to the automaker’s emissions-cheating scandal known as “Dieselgate”.

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Defendants Claim of Lightning Strike and Power Surge Doesn’t Save Them from Sanctions

Defendants Claim of Lightning Strike and Power Surge Doesn’t Save Them from Sanctions

In InternMatch, Inc. v. Nxtbigthing, LLC, et. al., No. 14-05438 (N.D. Cali., Feb. 8, 2016), California District Judge Jon S. Tigar, finding that the defendants “consciously disregarded their obligations to preserve relevant evidence” when they discarded various electronic devices after experiencing an alleged power surge without checking to see if they could recover any files from them, granting an adverse inference instruction sanction and plaintiff’s attorneys’ fees.

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The Judge in the Most Famous eDiscovery Case is Retiring

The Judge in the Most Famous eDiscovery Case is Retiring

If you follow eDiscovery, you probably have heard of the Zubulake case, which is probably the most famous case in eDiscovery. The judge from that case — Shira A. Scheindlin of the U.S. District Court for the Southern District of New York – is retiring effective April 29.

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If Google and Oracle are Going to Mine for Jurors’ Social Media Info, They Have to Inform the Court

If Google and Oracle are Going to Mine for Jurors’ Social Media Info, They Have to Inform the Court

When the big guys sue each other, the cases last forever. We’ve been covering developments in the Apple v. Samsung case since July 2012, and that case is still going on. Another case that we’ve covered a long time ago (way back in November 2011) is Oracle Corp. v. Google Inc. and that case is still going on too. In that case, with a trial approaching, the judge has told lawyers to disclose Internet and social media research about jurors to the court or agree not to conduct it.

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