Our “Top 20 … plus more”, a snapshot of interesting blog posts, and views on electronic discovery related issues and other tech developments from the past week.   Sponsored by Applied Discovery.

In the realm of social media and ediscovery, salacious and nebulous news abounds! From ” sexting” and “sextortion “, to drunken Facebook posts coming back to haunt defendants, the recent stat citing that people “now spend more time interacting through social networking sites than they do through traditional e-mail ” certainly seems to correlate to an all-time high of e discovery sanctions related to growing ESI. As such, we surmise that Virginia Henschel may indeed be correct in calling social media and Web 2.0 a “Dante’s Inferno” when viewed through the lens of ediscovery. 

In other news, the recent ruling of a N.Y. judge states that defendants, not plaintiffs, are responsible for the cost of electronic discovery which underscores the importance of corporations refining their preservation policy in the murky and often conflicting realm of federal and state preservation law. And speaking of murky, a N.Y. court ruled that Facebook content is off-limits to the discovery process, while a Canadian tax court ruled the opposite , bringing us back to the realm of social media. Is there any escaping our collective Web 2.0 fate? We leave you this question to ponder while browsing the news of the week.

This Week in E-Discovery News

• Facebook Redux by Virginia Henschel, Esq go to source
• Sexting and Sextortion: Texting and Extortion Get a XXX Twist by Sharon D. Nelson, Esq. and John W. Simek (Podcast) go to source
• Sanctions For E-Discovery Violations: By The Numbers by Dan H. Willoughby & Rose Hunter Jones & Gregory R. Antine go to source
• N.Y. Judge Bars Shifting Costs of E-Discovery to Plaintiffs by Noeleen G. Walder go to source
• Expert Discovery – FRCP Rule 26(a)(2)(b) Amendment by Greg Buckles go to source
• E-Discovery’s Oft-Overlooked Price Driver by Michael B. de Leeuw and Eric A. Hirsch go to source
• Surviving Iqbal: The Strategic Use of Predictive Analytics in the Pre-Complaint Process by G. J. Britton go to source
• The Backup Plan by Adam Cohen go to source
• Craig Ball: ‘Be Not Afraid’ by Monica Bay and Craig Ball (Video) go to source
• Social Networking by Stephen M. Prignano and Andrew P. Fishkin go to source
• Facebook Account Protected From Disclosure in Discovery, For Now by Evan Brown go to source
• Bench Press by Monica Bay go to source
• Case Report – Warrantless Search for Internet Subscriber’s Data Okayed By BCSC by Dan Michaluk go to source
• A State Court Judge’s View on e-Discovery (Part Two) by Judge Ralph Artigliere go to source
• Magistrate: Lenz Waived Attorney-Client Privilege Through Chats, Blogging by Thomas O’Toole go to source
• Establishing Prejudice: Putting the Brakes on Spoliation Motions by Joshua Gilliland, Esq. go to source
• Discovery in the Information Age by Michael Legg go to source
• Two Podcasts and a Video on Electronic Disclosure by Chris Dale go to source
•  E-disclosure – Are You Prepared? by John Lapraik go to source
• Europe: E-mail Record Retention Policy by Benjamin Wright go to source
• Consultation Paper on Discovery in Australian Federal Courts by Chris Dale go to source
• Florida Civil Procedure E-Discovery Rules Still in the Works by Lawrence H. Kolin, Esq. go to source
• eDiscovery Compliance Can’t be Lost in Enterprise Social Media by Deborah Galea go to source
• Strict Policies Make for More Effective Email Archiving by Charles Nguyen go to source
• Email Archiving Governance Affected by Increase in eDiscovery by Deborah Galea go to source
• A Muscular Ruling: Medical Records, ESI and Baseball by Chad Wiener go to source
• Toyota’s Worst Nightmare: Where Will the Carmaker’s Dispute With a Former In-House Lawyer End? by David Hechler go to source
• eDiscovery Searching: Exceptions are the Rule by Doug Austin go to source
• eDiscovery Searching: Types of Exception Files by Doug Austin go to source
• Once You Hit Send, Privacy is Gone by Joseph P. Kahn go to source
• Facebook Profiles Now Being Subpoenaed In Court Cases by Jackie Cohen go to source
• Latest Litigator Hazard: Client Posting While Intoxicated by John Spano go to source

This Week in Legal Technology

• Changes to eDiscovery Process Means More Responsibility for IT by Deborah Galea go to source
• Email and Social Networking Will Converge by 2014 by David Roe go to source
• A Follow-Up On Predictive Coding by Barry Murphy go to source
• Managing Electronically Stored Information Key to eDiscovery by Roumiana Deltcheva go to source
• Too Much Information by Michael Kinsman go to source
• Audio Files are Challenges for Computer Forensics and e-Discovery by Global EDD Group go to source
• Inside the Mind of a Computer Forensics Investigator by Mirko Zorz go to source
• ABA on Collision Course With New Technology by Jonathan Ezor go to source

E-Discovery and Legal Technology Events

One of the ways you can learn about e-discovery and all the technology out there is by going to a conference near you.   Most offer free admission to the exhibit hall (those that have exhibit halls) where you can meet technology vendors, collect information, see the technology at work behind e-discovery, etc.   

• IQPC 10th eDiscovery
  December 7-8, 2010
  New York, NY
• Executive Counsel Institute
  December 14-15, 2010
  Los Angeles, CA  

Click here to view the entire events calendar. 

To learn more about Applied Discovery and their multinational collection, analytics, processing, review, and production services for law firms, corporations, and government entities engaged in audits, investigations, and litigation, please contact us and we will respond to your request immediately. 

For our past “Top 20 …plus more” click here.

For questions, comments and suggestions you can always email us at: manager@theposselist.com.