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Electronic Discovery Blog and writings by DiscoverReady and contributing authors. Recognized for
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by Maureen O'NeillOctober 2, 2015
My household owns an Audi A3 “clean diesel” car, which unfortunately turned out to be not-so-clean. So, I’ve been closely watching the news about the Volkswagen emissions testing scandal. (In case you haven’t followed the story, last month Volkswagen admitted to cheating on U.S. pollution tests for more than 500,000 diesel engine vehicles, by installing software called “defeat devices.” The software detects when the car is hooked up to an emissions testing system, and reduces emissions during the test; once out on the open road, the emissions ramp back up, and the cars spew as much as 40 times the permitted amount of pollutants. Affected cars include Volkswagen’s Jetta, Beetle, Golf and Passat, and the Audi A3.
by Maureen O'NeillSeptember 21, 2015
Many people followed the news about the AshleyMadison.com data breach with a mix of prurient interest, schadenfreude, and—for some—fear of personal exposure. Here at DiscoverReady, we followed the news to understand the data security failures that allowed a breach of this severity, and the lessons that could be learned and shared with our clients.
by Maureen O'NeillAugust 28, 2015
Last month the U.S. Court of Appeals for the Seventh Circuit departed from most other federal courts, and allowed a data breach litigation to proceed where plaintiffs demonstrated no actual injuries, but a “substantial risk” of future injury.
by Maureen O'NeillAugust 18, 2015
Last year the State Bar of California Standing Committee on Professional Responsibility and Conduct issued two draft opinions answering the question “What are an attorney’s ethical duties in the handling of discovery of electronically stored information?” After receiving public comment on the drafts, the Committee recently issued its final version, Formal Opinion No. 2015-193. Even a highly experienced attorney may need some assistance in certain litigation matters involving ESI.
by Maureen O'NeillAugust 3, 2015
E-Discovery finds itself in the headlines of the mainstream media again. This time, the general public gets a chance to learn about the discoverability of text messages—and the potential consequences of evidence spoliation—thanks to Tom Brady and the “deflategate” scandal. (For those of you who don’t follow sports, “deflategate” refers to allegations that the New England Patriot’s quarterback played with deliberately deflated footballs in the team’s victory over the Indianapolis Colts in the AFC Championship.)