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KMK's May 2015 E-Discovery Round-up

Good afternoon E-Discovery enthusiasts!  This month we take a look at the evolution of social media’s privacy laws, get reminded that the amended rules of civil procedure recently cleared a hurdle and take a swim in the deep end of the “predictive coding” pool.  Let’s dive in, shall we?

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KMK's February 2015 E-Discovery Round-up

Good afternoon E-Discovery enthusiasts!  Welcome to KMK’s February 2015 E-Discovery Round-up. 

Today, we take a look at some well written, informative articles and a Colorado opinion where the prevailing party recovered $57,873.61 in E-Discovery costs!  Let’s dive in, shall we? 

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Can a Simple Form Reduce Disputes Over ESI?

Can a simple form make ESI discovery easier for us and reduce our clients’ expenses, inconvenience, and distrust of opposing counsel? Having studied a  two-page Order developed by Magistrate Judge Thomas Shields of the U. S. District Court for the Southern District of Iowa, I would answer in the affirmative.

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Facebook Makes Discovery Easy (Sometimes)

As most any litigation practitioner knows, Facebook can be GOLD.  Pictures really are worth 1,000 words. . . or more.  That million dollar picture of a plaintiff who has claimed debilitating emotional distress:  on a boat, raising a beer with friends, and posted smack in the middle of the period of time that plaintiff claims was riddled with “emotional distress.”  GOLD.  And it happens with regularity.  Facebook, as with other social media, is a medium of the moment – individuals post (and get tagged) in pictures posted during the adrenaline-infused, alcohol-fogged moments of “good times.”  And it is exactly these moments – moments easily forgotten by Plaintiffs asking a judge or jury for emotional distress damages – that are crucial to developing a clear picture of emotional distress. 

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KMK’s October E-Discovery Round-Up

Hello E-Discovery enthusiasts!

This is the first post in an ongoing series titled “KMK’s E-Discovery Round-Up!” highlighting the best, brightest and most relevant eDiscovery blog posts on the web. 

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Court Rules on Social Media Sites' Privacy Settings

On May 26th, the U.S. District Court for the Central District of California ruled that, under the Stored Communications Act of 1986, postings to a user’s Facebook “wall” (and, similarly, to the “comments” page on MySpace – although nobody actually uses MySpace anymore) are considered private so long as the user has his privacy settings set such that only “friends” can see his wall postings.

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