eDiscovery Daily Blog

In addition to its software and professional services, CloudNine also provides extensive education to eDiscovery practitioners as highlighted by its publication of the eDiscovery Daily Blog. Authored and edited by industry expert Doug Austin, the eDiscovery Daily is the go-to resource for thousands of eDiscovery and eDisclosure professionals seeking to keep up with the latest news and case law in the world of digital discovery.
NY Appeals Court Extends Discoverability of Social Media Photos to “Tagged” Photos: eDiscovery Case Law
NY Appeals Court Extends Discoverability of Social Media Photos to “Tagged” Photos: eDiscovery Case Law 479 270 Doug Austin

In Vasquez-Santos v. Mathew, the New York Appellate Division, First Department panel “unanimously reversed” an order by the Supreme Court, New York County last June that denied the defendant’s motion to compel access by a third-party data mining company to plaintiff’s devices, email accounts, and social media accounts, so as to obtain photographs and other evidence of plaintiff engaging in physical activities and granted the defendant’s motion.

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My Love for What I Do: eDiscovery Love Story
My Love for What I Do: eDiscovery Love Story 454 454 Doug Austin

It’s Valentine’s Day! As you can guess from the picture for this post, I do! I hope you all have a special someone with which you can share Valentine’s Day. Regardless of that, I hope you all love what you do as much as I do.

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Germans Order Facebook To Change How it Collects User Data: Data Privacy Trends
Germans Order Facebook To Change How it Collects User Data: Data Privacy Trends 689 388 Doug Austin

Two days, two stories about Germans finding fault with companies’ handling of personal data….

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In Today’s Privacy Environment, That’s the Way the (Website) Cookie Crumbles: Data Privacy Trends
In Today’s Privacy Environment, That’s the Way the (Website) Cookie Crumbles: Data Privacy Trends 569 372 Doug Austin

It’s only been three weeks, but we’ve already talked plenty about the first big GDPR fine of €50 million (or about $56.8 million) fine to Google for failing to comply with GDPR. Sure, you’re thinking “that’s Google, I can see how they got fined, but nothing to worry about here”. Right? Well, you may want to think again.

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Court Denies Non-Party’s Request to Quash Subpoena in Telecommunications Dispute: eDiscovery Case Law
Court Denies Non-Party’s Request to Quash Subpoena in Telecommunications Dispute: eDiscovery Case Law 479 270 Doug Austin

In Fair v. Commc’ns Unlimited Inc., Missouri District Judge Rodney W. Sippel denied the motion to quash discovery filed by non-party Charter Communications (Charter), finding that the plaintiff had demonstrated that she had been unable to obtain the information from the defendants, that her request was not overbroad or unduly burdensome, that the information requested would not disclose personally identifiable information (PII) and that any sensitive or confidential information could be protected with redactions or a protective order.

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EDRM Releases the Final Version of its TAR Guidelines: eDiscovery Best Practices
EDRM Releases the Final Version of its TAR Guidelines: eDiscovery Best Practices 189 111 Doug Austin

During last year’s EDRM Spring Workshop, I discussed on this blog that EDRM had released the preliminary draft of its Technology Assisted Review (TAR) Guidelines for public comment. They gave a mid-July deadline for comments and I even challenged the people who didn’t understand TAR very well to review it and provide feedback – after all, those are the people who would hopefully stand to benefit the most from these guidelines. Now, over half a year later, EDRM has released the final version of its TAR Guidelines.

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Relying on Interpretation of the SCA, Appeals Court Reverses Subpoenas Against Facebook: eDiscovery Case Law
Relying on Interpretation of the SCA, Appeals Court Reverses Subpoenas Against Facebook: eDiscovery Case Law 479 270 Doug Austin

In Facebook, Inc. v. Wint, the District of Columbia Court of Appeals, stating that “[t]he plain text of the SCA (Stored Communications Act) thus appears to foreclose Facebook from complying with Mr. Wint’s subpoenas”, concluded that the appellee “has not established the existence of a serious constitutional doubt that could warrant application of the doctrine of avoidance” reversing the trial court’s order holding Facebook in civil contempt for refusing to comply with subpoenas served by appellee Daron Wint.

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Observations about Legaltech 2019 from Attendees, Part Two: eDiscovery Trends
Observations about Legaltech 2019 from Attendees, Part Two: eDiscovery Trends 431 210 Doug Austin

As I’ve done the past three years, I reached out to several attendees of Legaltech New York (LTNY) 2019 (some of whom I met with during the show) to get their thoughts and impressions of this year’s show. We had so many people respond that I decided to split their feedback into two posts. Yesterday was the first half, here are the remaining observations. And, no, I didn’t split this into two posts just so I could save myself another day of writing, my observations are at the bottom of this post. ;o)

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Observations about Legaltech 2019 from Attendees, Part One: eDiscovery Trends
Observations about Legaltech 2019 from Attendees, Part One: eDiscovery Trends 431 210 Doug Austin

We’ve completed Legaltech New York (LTNY) 2019. What did attendees at the conference think about this year’s show? Let’s take a look.

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Illinois Court Says Biometric Fingerprint is Violation of Privacy, Even Without Injury: Data Privacy Trends
Illinois Court Says Biometric Fingerprint is Violation of Privacy, Even Without Injury: Data Privacy Trends 282 393 Doug Austin

With Legaltech® behind us, it’s time to get back to covering interesting news items. On January 25, the Illinois Supreme Court rejected an argument from a popular theme park that would have limited a state law that requires consent for the use of facial recognition and other biometrics.

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