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About the Bloggers

Brad Jenkins

Brad Jenkins, President and CEO of CloudNine Discovery, has over 20 years of experience leading customer focused companies in the litigation support arena. Brad has authored many articles on litigation support issues, and has spoken before national audiences on document management practices and solutions.

Doug Austin

Doug Austin, Professional Services Manager for CloudNine Discovery, has over 20 years experience providing legal technology consulting and technical project management services to numerous commercial and government clients. Doug has also authored several articles on eDiscovery best practices.

Jane Gennarelli

Jane Gennarelli is a principal of Magellan’s Law Corporation and has been assisting litigators in effectively handling discovery materials for over 30 years. She authored the company’s Best Practices in a Box™ content product and assists firms in applying technology to document handling tasks. She is a known expert and often does webinars and presentations for litigation support professionals around the country. Jane can be reached by email at jane@litigationbestpractices.com.

Adverse Inference Sanction for Defendant who Failed to Stop Automatic Deletion – eDiscovery Case Law

By Doug Austin

Remember the adverse inference instructions in the Zubulake v. UBS Warburg and Apple v. Samsung cases? This case has characteristics of both of those. In Pillay v. Millard Refrigerated Servs., Inc., Illinois District Judge Joan H. Lefkow granted the plaintiff’s motion for an adverse inference jury instruction due to the defendant’s failure to stop automatic deletion of employee productivity tracking data used as a reason for terminating a disabled employee.

Filed under Case Law, Electronic Discovery, Evidence, Preservation, Spoliation

http://www.cloudninediscovery.com/ondemand/free-software-trial.aspx

Capturing Memory and Obtaining Protected Files with FTK Imager – eDiscovery Best Practices

June 17, 2013

By Doug Austin

Over the past few weeks, we have talked about the benefits and capabilities of Forensic Toolkit (FTK) Imager from AccessData (and obtaining your own free copy), how to create a disk image, how to add evidence items for the purpose of reviewing the contents of those evidence items (such as physical drives or images that you’ve created) and how to export files and create a custom content image of a targeted collection of files with FTK Imager. This week, let’s discuss how to Capture Memory and Obtain Protected Files to collect a user’s account information and possible passwords to other files.

Filed under Collection, Electronic Discovery, Evidence, Preservation, Spoliation

Appellate Court Upholds District Court Discretion for Determining the Strength of Adverse Inference Sanction – eDiscovery Case Law

June 14, 2013

By Doug Austin

In Flagg v. City of Detroit, the Sixth Circuit held that the district court did not abuse its discretion in issuing a permissive rather than mandatory adverse inference instruction for the defendant’s deletion of emails, noting that the district court has discretion in determining the strength of the inference to be applied.

Filed under Case Law, Electronic Discovery, Email, Preservation, Spoliation

eDiscovery Vendors Are Not Immune to eDiscovery Sanctions – eDiscovery Case Law

June 13, 2013

By Doug Austin

In Nuance Communications Inc. v. Abbyy Software House et al., California District Judge Jeffrey S. White refused Wednesday to dismiss Nuance Communications Inc.'s patent infringement suit against Lexmark International Inc. and Abbyy Software House, and awarded reimbursement of plaintiff’s attorneys' fees and costs in excess of $130,000 as part of discovery abuse sanctions resulting from the late production of relevant documents from Abbyy.

Filed under Case Law, Electronic Discovery, Federal eDiscovery Rules, Production

Litigation 101 for eDiscovery Tech Professionals: Types of Lawsuits, Part 2

June 12, 2013

By Jane Gennarelli

As a litigation technology professional, it’s useful for you to have a basic understanding of the various types of cases you work on. In last week’s post, we discussed different kinds of lawsuits – Antitrust, Product Liability, White Collar Crime, Intellectual Property, and Insurance Bad Faith. Here’s some information on a few more.

Filed under Careers, Case Law, Electronic Discovery, Law Firm Departments

Motion to Compel Dismissed after Defendant Agrees to Conditional Meet and Confer – eDiscovery Case Law

June 11, 2013

By Doug Austin

In Gordon v. Kaleida Health, New York Magistrate Judge Leslie G. Foschio dismissed (without prejudice) the plaintiffs’ motion to compel the defendant to meet and confer to establish an agreed protocol for implementing the use of predictive coding software after the defendants stated that they were prepared to meet and confer with the plaintiffs and their non-disqualified ESI consultants regarding the defendants' predictive coding process.

Filed under Analysis, Case Law, Electronic Discovery, Production, Review, Searching

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CloudNine Discovery provides specialized national litigation support services focusing on technology in electronic discovery, computer forensics document imaging and online document review. Our nationwide litigation services company has offices in Houston, Texas.

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Disclaimer: The views represented herein are exclusively the views of the author, and in no way indicative of the views held by CloudNine Discovery. No representation is made as to whether the information provided is the most current available. This blog/Web site is made available by the contributors solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. The blog/Web site should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.