Doug Austin

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eDiscovery Business Confidence Takes a Major Spring Forward: eDiscovery Trends Get it?  The Complex Discovery eDiscovery Business Confidence Survey is into its third year and the results are in for the Spring 2018 eDiscovery Business Confidence Survey!  As was the case for the 2016 Winter, Spring, Summer and Fall surveys, the 2017 Winter, Spring, Summer and Fall surveys and the 2018 Winter survey, the results for the Spring survey are published on Rob Robinson’s terrific Complex Discovery site.  View Full Post
Judge Recommends Jury Decision on Impact of Spoliation of Emails: eDiscovery Case Law In BankDirect Capital Fin., LLC v. Capital Premium Fin., Inc., No. 15 C 10340 (N.D. Ill. April 4, 2018), Illinois Magistrate Judge Jeffrey Cole recommended that the court follow the decision in Cahill v. Dart and “allow the appropriate evidence to be presented to the jury” to enable it to determine the “impact, if any, the non-production of the challenged emails has on the merits of the parties’ claims”.  View Full Post
Here’s the Latest Buyers Guide for Everything “eDisclosure”: eDiscovery Trends How many suppliers of eDiscovery (“eDisclosure”) software and services are there?  At least 98.  How do I know that?  I know that because that’s how many suppliers Andrew Haslam lists in the eDisclosure Systems Buyers Guide – 2018 Edition. Authored once again by litigation support and “eDisclosure” (that’s what they call eDiscovery across the pond) expert Andrew Haslam, the sixth edition of the eDisclosure Systems Buyers Guide provides an overview of key technology considerations, industry approaches and vendor capabilities regarding eDisclosure.  View Full Post
CLOUD Act Renders Supreme Court Decision in the Microsoft Case Moot: eDiscovery News The Supreme Court heard arguments on February 27th over Microsoft’s ongoing data privacy case involving email stored in Microsoft datacenter in Ireland.  Supposedly, according to reports from those attending, the justices didn’t seem swayed by Microsoft’s claims that data stored overseas should not be accessible to government prosecutors.  View Full Post
Defendant Sanctioned for “Deliberately” Altering a Skype Communication: eDiscovery Case Law In GoPro, Inc. v. 360Heros, Inc., No. 16-cv-01944-SI (N.D. Cal. March 30, 2018), California District Judge Susan Illston denied the plaintiff’s motion for summary judgment and denied the defendant’s motion in limine to exclude the testimony of the plaintiff’s forensic analysis expert, but granted (in part) the plaintiff’s motion for partial terminating sanctions against the defendant for forging evidence in two Skype conversations, opting for an adverse inference instruction sanction and reimbursement of expenses related to forensic analysis and testimony instead of the terminating sanctions sought. View Full Post