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Case Law Lowdown


The disputes that play out every day in American courts help fertilize the fields from which our understanding of eDiscovery issues grow. Judicial opinions are the traffic-light that hangs at the intersection of law and technology. Though the number of technology-related opinions are few in number when compared to the opinions that are issued generally each year, they are the most interesting. Some judges approach the technological aspects of the matters before them like Magnus Carlsen attacking a chess board, while others handle such issues with the mental acuity of a new born that has discovered his sister’s iPad – all magic and confusion. Whatever judicial proclivities may exist, there are hundreds of must-read cases and new opinions being issued all the time. In this section, we are going to unpack legendary opinions, compare jurisdictional splits, eavesdrop on courtroom controversies, and talk to the pundits, players, and soothsayers that can help us glean meaningful takeaways from the bench.

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SYNDICATED POST

Hard copy documents destroyed after notification of a claim

11/10/2021   •   Around The World, Case Law Lowdown, Syndicated Posts, The eDiscovery Trenches

Barrister Gordon Exall is once again my source for a judgment about disclosure in the High Court of England and Wales. The case is Ayannuga & Ors v One Shot Products Ltd and the judgment was delivered on 1 November … Continue reading →

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SYNDICATED POST

Federal Court Rules on Whether Documents Containing Agreed-Upon Keywords are Responsive Per Se

10/25/2021   •   Case Law Lowdown, Expert's Edge, Syndicated Posts, The eDiscovery Trenches

Today, Doug Austin‘s splendid eDiscoveryToday blog featured O’Donnell/Salvatori Inc. v. Microsoft Corp., No. C20-882-MLP (W.D. Wash. Oct. 1, 2021), where a …Continue reading →

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SYNDICATED POST

Emoji eDiscovery – coming to a case near you shortly

08/19/2021   •   Case Law Lowdown, Syndicated Posts, The eDiscovery Trenches

A US case was struck out, and the plaintiff and his lawyers suffered financial sanctions, after clever experts spotted that the emoji on a screenshot of a text was not the one in use on the date of the alleged … Continue reading →

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ESI Surivival Guide
SYNDICATED POST

Two document destruction judgments in England and Wales

02/16/2021   •   Case Law Lowdown, Syndicated Posts

A casual observer  of US discovery would conclude that the destruction of documents and data is a national pastime, with immense effort devoted both to deleting documents and to trying to prove that someone else has done so. To an … Continue read…

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SYNDICATED POST

eDiscovery Sanctions Go All the Way to the Top

10/29/2020   •   Case Law Lowdown, News, Syndicated Posts

As a 30(b)(6) witness for some of my clients, I follow eDiscovery spoliation cases closely. Most of them have little or no ‘teeth’ when a party has even attempted to meet their obligations. It is nice to see a magistrate drop the hammer on a party who appears to have consistently and deliberately tried to […]

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ESI GUIDE THROWBACK – Introducing ESI Survival Guide

02/04/2014   •   Academia in Action, Around The World, Brass Techs, Case Law Lowdown, ePourri, Expert's Edge, Get Offline, News, The Business Case, The eDiscovery Trenches, The Privacy Parley, The Self-Improver, Think Tank, Tools of the Trade

After preparing the new ESI Survival Guide for its 2021 release, I ran across some of the videos that I…

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About ESI Survival Guide

ESI Survival Guide
ESI Survival Guide is an online resource to help legal professionals survive in the electronic wilderness. The intersection between law and technology seemingly creates the perfect professional odd-couple – technologists are not necessarily known for their legal expertise, and lawyers are not generally known for their technological savvy.

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Another AMAZING installment in the @ediscoveryasst series on building your eDiscovery Protocol: Issue Spotting in eDiscovery Part IV: Instant and Text Messaging https://www.ediscoveryassistant.com/issue-spotting-in-ediscovery-part-iv-instant-and-text-messaging/

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In this #ESISurvivalGuide segment, we're takin' it to the streets! Specifically, we are going to run the Brooklyn Marathon!! As a lifelong runner, I've always applied the lessons I've learned from training to other endeavors in my life - and vice versa.…https://lnkd.in/dxW-U6gP

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ESI SURVIVAL GUIDE

An online resource to help legal professionals survive in the electronic wilderness
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