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.

The week in e-discovery news starts off with a bang, with plaintiffs being awarded the stunning sum of $1,049,850.04 for defendants’ spoliation misconduct and a court ruling that a company’s stated email policy takes precedence over attorney-client privilege when client-attorney communications take place – you guessed it – over work email.

In other news this week, LegalTech NYC (1/31-2/2) gets a head-start in water-cooler conversations. What with top bloggers’ promised coverage of the event, LegalTech news will assuredly be enlightening and engaging this year. We’ll be there too, so come see us in person at Booth 429, check out our panelist Joshua Kubicki at Pardon the eDiscovery on Tuesday, February 1st at 4PM, or in the virtual realm at @resnickjon, @vhenschel or @discoverapplied.

As always, we hope you enjoy our content and welcome your feedback.

Jon Resnick
Worldwide Vice President Field Operations and Marketing

Trending Now

• The Ups and Downs of US E-Discovery Sanctions by Chris Dale
• Artic Blast: Victor Stanley II sanctions by Virginia P. Henschel
• Employee’s Use of a Work Computer to Communicate with Attorney “Akin to Consulting her Lawyer in her Employer’s Conference Room, in a Loud Voice, with the Door Open…” by K&L Gates
• Should E-Mail and Letters Have Equal Legal Protection? by Claire Cain Miller
• Expert Witnesses in E-Discovery (Podcast) with Sharon D. Nelson, Esq. & John W. Simek
• Top 10 Electronic Decisions in 2010 (Podcast) with Karl Schieneman & Ron Hedges
• Outtakes From the Gibson Dunn 2010 eDiscovery Update by Greg Buckles
• A Look Back at e-Discovery in 2010 Pt 4 by Discovery Resources
• E-Disclosure Rules by Sarah Rogers
• Russia Postpones Enforcement of Data Protection Law; Considers Revisions by Boris Segalis
• Judges Making More of a Case for E-Discovery Sanctions by Gabe Acevedo
• Unlike Civil Discovery Rules, Rule 16 Does Not Obligate Government To Organize Or Facilitate Review Of Criminal Discovery by Alain Leibman
• Production of Servers without Review Waives Privilege and so Might Storage of Privileged Materials on Servers Shared with Other Entities by K&L Gates
• Can Artificial Intelligence Ease the EDD Burden? by Nick Brestoff
• You Want Discovery of an Adversary’s Computer? Better Have a Good Reason by Paul E. Asfendis
• Federal District Court Orders Party to Produce Documents in Fully Searchable Electronic Form by Studeo Legal
• eDiscovery is Optional in Delaware Court of Chancery by Christopher Spizzirri
• Delaware Court of Chancery Adopts Guidelines for Preservation of Electronic Evidence by Bradley W. Voss
• Delaware Court of Chancery Adopts ESI Preservation Guidelines by Jeffrey L. Nagel
• Rethinking Relevancy: A Call to Change the Rules to Narrow the Scope of ESI Relevance by Ralph Losey
• E-Discovery Rules Applied to Social Media: What This Means in Practical Terms for Businesses by Michelle Sherman
• Judge Scheindlin Rejects Claim that Corporations Must “Due Diligence” the Credentials of In-House Counsel to Assert Privilege by Tony Coles
• Report: Regulatory Compliance Drives Companies’ data retention efforts by Deborah Galea
• Work E-Mail Not Protected by Attorney-Client Privilege, Court Says by David Kravets
• Discovery As Abuse by Ralph Losey
• Putting 4 Terabytes of Discovery on Ice b y Joshua Gilliland, Esq.
• Hiring In-house Records Management or E-discovery Staff? by Mark Diamond
• Make Sure Money Doesn’t ‘Walk out the Door’ With Former Employees by Kris Haworth

Tech & E-Discovery

• Compliance in the Cloud and the Implications on eDiscovery by Dean Gonsowski
• Company Fined for Deleting Texts by Sam Narisi
• Discovery Search in Exchange 2010 – Good Enough Or Not? by Greg Buckles
• Federal Communications Commission to Move to the Cloud by Stephen J. Finley, Jr.
• Legacy Data Issues and E-Discovery Pain (Podcast) with Karl Schieneman & Charles W. Cohen
• Wall Street Traders Trust Computers, Why Don’t Lawyers? by Ron Friedmann
• eDiscovery Journal Launches Tech Matrix and Research Reports by Barry Murphy
• IT Forced to Keep Pace as Mobile Technologies Enter Thick and Fast into the Corporate World by Archana Venkatraman
• Most Employees Expose Sensitive Info Outside Office by Linda Rosencrance
• Honda Data Breach Highlights Need to Set Strong Cloud Security Policies by Fahmida Y. Rashid
• The Case for Online Dedupe by Michael Kramer
• Report: SMBs Will Turn to Cloud Storage for Email Archiving by Deborah Galea
• Data is Becoming Colder by Jeffrey Layton

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.   

• ALM: LegalTech New York
  January 31 – February 2, 2011
  New York, NY
  Visit Applied Discovery at booth #429
• Be sure to check out “Pardon the eDiscovery” on Tuesday, February 1st at 4PM