In Clear-View Technologies, Inc., v. Rasnick et al, California Magistrate Judge Paul S. Grewal sanctioned the defendants $212,320 and also granted a permissive adverse jury instruction that allows the presumption that the defendants' spoliated documents due to a series of “transgressions” by the defendants and their prior counsel.
Rob Robinson’s excellent Complex Discovery blog has been a terrific resource for eDiscovery information for several years now, covering everything from a “mashup” of eDiscovery market estimates to mergers, acquisitions and investments in the eDiscovery industry. His article from last week provides some useful information to organizations looking to select the right information governance vendor for their needs.
In the class action In re Milo’s Kitchen Dog Treats Consolidated Cases, Pennsylvania Magistrate Judge Maureen P. Kelly denied the defendants’ Motion to Compel Unredacted Facebook Data File and Production of Username and Password, disagreeing that the discovery of one highly relevant Facebook entry justified the defendants to be “somehow entitled to limitless access to her Facebook account”. Judge Kelly did order the plaintiff to produce previously produced redacted Facebook pages to the Court unredacted so that an in camera inspection could be conducted to confirm that the redacted information was truly privileged.
Craig Ball’s Ball in Your Court blog is always an excellent read, even when he writes it “across the pond” over in London. His latest post discusses how “fighting the last war” will eventually cost you when you come across an “e-savvy” opponent.
How are recent trends related to data privacy and security affecting the legal industry? Though one recent report was critical of law firms for failing to disclose data breaches, according to a new Q&A from Huron Legal, law departments, and law firms are getting smarter about addressing data privacy and security issues.
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