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Discovery Digest - Q3 2012

The Discovery Digest is the definitive source of discovery news. This quarterly e-newsletter is packed with information on discovery “hot topics,” recent case law, and upcoming events.

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Big news Deloitte acquires assets of IE Discovery
Acquisition will expand Deloitte’s federal eDiscovery offering 
On June 25, Deloitte announced that it had acquired substantially all of the assets of IE Discovery, a provider of eDiscovery management and litigation support solutions that primarily serves federal government clients.
Read more. 
Big news What legal needs to know about IT’s move to the cloud
In December 2010, the federal government began mandating how and when agencies must move data and services to the cloud. To stay ahead of emerging issues with cloud-based computing, here’s what every in-house attorney needs to know about the implications for IT.  
Read more.

Sampling files eDiscovery sampling - The what, why, how, when and who 
When done correctly, eDiscovery sampling can provide mathematically-tested insights into data populations. For those who haven’t tried it yet, here’s a quick guide into the reasons for sampling, different types of sampling, and ways to approach it.
Read more.

Filtering data Filtering personal data
Tips to using conventional discovery methods
Respecting personal data protection laws can be a risky and costly element of cross-border investigations and litigations. This white paper advocates applying consistent, transparent methods to identify and manage personal data in a cross-border discovery context.
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Ethics Ethical obligations for lawyers in the modern era
Technological advances such as social media and cloud-computing have changed the ways lawyers conduct eDiscovery, communicate with clients and file court documents. This series outlines the consequent ethical considerations.
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Security How to Determine the Security of Your Data During eDiscovery
When large data breaches occur, they can garner negative press and publicity. Here’s how a legal team can minimize the chances of breaches during litigation, by understanding basic security standards, identifying potential weaknesses, and developing procedures to curb the threat. 
Read more.


Case law updates

National Day Laborer Organizing Network et al. v. United States Immigration and Customs Enforcement Agency, et al., 2012 U.S. Dist. Lexis 97863 (SDNY, July 13, 2012) Federal custodians in FOIA matters must provide a detailed description of their searches for responsive documents, the search words used, and whether the search words are effective. 

Robinson v. Jones Lang LaSalle Ams., Inc., 2012 U.S. Dist. LEXIS 123883 (D. Or. Aug. 29, 2012) – There is “no principled reason to articulate different standards for the discoverability of communications through email, text message, or social media platforms.” 

Boeynaems v. La Fitness Int'l, 2012 U.S. Dist. LEXIS 115272 (E.D. Pa. Aug. 16, 2012) – Discovery costs shifted to Plaintiff until determination of class action certification.

As used in this document, “Deloitte” means Deloitte Financial Services LLP. Please see for a detailed description of the legal structure of Deloitte LLP and its subsidiaries. Certain services may not be available to attest clients under the rules and regulations of public accounting.

While the information in these articles may deal with legal issues, it does not constitute legal advice. If you have specific questions related to information discussed in these articles, you are encouraged to consult an attorney who can investigate the particular circumstances of your situation.

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