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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.

Litigation 101 for eDiscovery Tech Professionals: Summary Recap, Part 1

By Jane Gennarelli

Over the past 34+ weeks(!), the Litigation 101 for eDiscovery Tech Professionals blog series has hopefully provided a comprehensive background in litigation that will help those of you who are litigation support and eDiscovery professionals as you assist your clients (whether internal or external) with their litigation technology needs. As this is the longest blog series we’ve ever done, I thought it would be appropriate to provide a two-part recap to summarize the topics covered, with links back to the original details. Here is part 1 – next week, we’ll cover the rest.

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Filed under Careers, Electronic Discovery, Law Firm Departments

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

“Not Me”, The Fallibility of Human Review – eDiscovery Best Practices

June 20, 2013

By Doug Austin

When I talk with attorneys about using technology to assist with review (whether via techniques such as predictive coding or merely advanced searching and culling mechanisms), most of them still seem to question whether these techniques can measure up to good, old-fashioned human attorney review. Despite several studies that question the accuracy of human review, many attorneys still feel that their review capability is as good or better than technical approaches. Here is perhaps the best explanation yet why that may not be the case.

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Filed under Analysis, Electronic Discovery, Industry Trends, Review, Searching

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

June 18, 2013

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.

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

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.

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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.

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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.

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

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