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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.

Analysis

Is Technology Assisted Review Older than the US Government? - eDiscovery Trends

September 19, 2014

By Doug Austin

A lot of people consider Technology Assisted Review (TAR) and Predictive Coding (PC) to be new technology. We attempted to debunk that as myth last year after our third annual thought leader interview series by summarizing comments from some of the thought leaders that noted that TAR and PC really just apply artificial intelligence to the review process. But, the foundation for TAR may go way farther back than you might think.

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Though it was "Switching Horses in Midstream", Court Approves Plaintiff's Predictive Coding Plan - eDiscovery Case Law

September 08, 2014

By Doug Austin

In Bridgestone Americas Inc. v. Int'l Bus. Mach. Corp., Tennessee Magistrate Judge Joe B. Brown, acknowledging that he was “allowing Plaintiff to switch horses in midstream”, nonetheless ruled that that the plaintiff could use predictive coding to search documents for discovery, even though keyword search had already been performed.

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Our 1,000th Post! – eDiscovery Milestones

September 03, 2014

By Doug Austin

When we launched nearly four years ago on September 20, 2010, our goal was to be a daily resource for eDiscovery news and analysis. Now, after doing so each business day, I’m happy to announce that today is our 1,000th post on eDiscovery Daily! Check out what we've covered over 1,000 posts!

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Court Sides with Defendant in Dispute over Predictive Coding that Plaintiff Requested - eDiscovery Case Law

August 29, 2014

By Doug Austin

In the case In re Bridgepoint Educ., Inc., Securities Litigation, California Magistrate Judge Jill L. Burkhardt ruled that expanding the scope of discovery by nine months was unduly burdensome, despite the plaintiff’s request for the defendant to use predictive coding to fulfill its discovery obligation and also approved the defendants' method of using search terms to identify responsive documents for the already reviewed three individual defendants, directing the parties to meet and confer regarding the additional search terms the plaintiffs requested.

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Court Rules in Dispute Between Parties Regarding ESI Protocol, Suggests Predictive Coding - eDiscovery Case Law

July 03, 2014

By Doug Austin

In a dispute over ESI protocols in FDIC v. Bowden, Georgia Magistrate Judge G. R. Smith approved the ESI protocol from the FDIC and suggested the parties consider the use of predictive coding.

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Court Rules that Unilateral Predictive Coding is Not Progressive - eDiscovery Case Law

June 09, 2014

By Doug Austin

In In Progressive Cas. Ins. Co. v. Delaney, Nevada Magistrate Judge Peggy A. Leen determined that the plaintiff’s unannounced shift from the agreed upon discovery methodology, to a predictive coding methodology for privilege review was not cooperative. Therefore, the plaintiff was ordered to produce documents that met agreed-upon search terms without conducting a privilege review first.

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Predictive Analytics: It’s Not Just for Review Anymore – eDiscovery Trends

April 29, 2014

By Doug Austin

One of the most frequently discussed trends in this year’s annual thought leader interviews that we conducted was the application of analytics (including predictive analytics) to Information Governance. A recent report published in the Richmond Journal of Law & Technology addresses how analytics can be used to optimize Information Governance.

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Searching for Individuals Isn’t as Straightforward as You Think – eDiscovery Best Practices

April 10, 2014

By Doug Austin

I’ve recently worked with a couple of clients who proposed search terms for key individuals that were a bit limited, so I thought this was an appropriate topic to revisit. When looking for documents in your collection that mention key individuals, conducting a name search for those individuals isn’t always as straightforward as you might think. There are potentially a number of different ways names could be represented and if you don’t account for each one of them, you might fail to retrieve key responsive documents – OR retrieve way too many non-responsive documents. Here are some considerations for conducting name searches.

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Ralph Losey of Jackson Lewis, LLP – eDiscovery Trends

March 17, 2014

By Doug Austin

Today’s thought leader is Ralph Losey. Ralph is an attorney in private practice with the law firm of Jackson Lewis, LLP, where he is a Shareholder and the firm's National e-Discovery Counsel. Ralph is also a prolific author of eDiscovery books and articles, the principal author and publisher of the popular e-Discovery Team® Blog, founder and owner of an online training program, e-Discovery Team Training, with attorney and technical students all over the world, founder of the new Electronic Discovery Best Practices (EDBP) lawyer-centric work flow model. Ralph is also the publisher of LegalSearchScience.com and PreSuit.com on predictive coding methods and applications.

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Jason R. Baron of Drinker Biddle & Reath LLP – eDiscovery Trends

March 12, 2014

By Doug Austin

Today’s thought leader is Jason R. Baron. An internationally recognized speaker and author on the preservation of electronic documents, Jason is a member of Drinker Biddle’s Information Governance and eDiscovery practice. Jason previously served as Director of Litigation for the U.S. National Archives and Records Administration (NARA) and as trial lawyer and senior counsel at the Department of Justice. He was a founding co-coordinator of the National Institute of Standards and Technology TREC Legal Track, a multi-year international information retrieval project devoted to evaluating search issues in a legal context. He also founded the international DESI (Discovery of Electronically Stored Information) workshop series, bringing together lawyers and academics to discuss cutting-edge issues in eDiscovery.

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Alon Israely, Esq., CISSP of BIA – eDiscovery Trends

March 05, 2014

By Doug Austin

Today’s thought leader is Alon Israely. Alon is the Manager of Strategic Partnerships at Business Intelligence Associates, Inc. (BIA) and currently leads the Strategic Partner Program at BIA. Alon has over eighteen years of experience in a variety of advanced computing-related technologies and has consulted with law firms and their clients on a variety of technology issues, including expert witness services related to computer forensics, digital evidence management and data security. Alon is an attorney and a Certified Information Systems Security Professional (CISSP).

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Laura Zubulake, Author of “Zubulake's e-Discovery” – eDiscovery Trends

March 03, 2014

By Doug Austin

Today’s thought leader is Laura Zubulake. Laura worked on Wall Street for 20 years in institutional equity departments and, in 1991, authored the book The Complete Guide to Convertible Securities Worldwide. She was the plaintiff in the Zubulake vs. UBS Warburg case, which resulted in several landmark opinions related to eDiscovery and counsel’s obligations for the preservation of electronically stored information. The December 2006 amendments to the Federal Rules of Civil Procedure were influenced, in part, by the Zubulake case. In 2012, Laura published a book titled Zubulake's e-Discovery: The Untold Story of my Quest for Justice, previously discussed on this blog and she speaks professionally about eDiscovery topics and her experiences related to the case.

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Brad Jenkins of CloudNine Discovery – eDiscovery Trends

February 24, 2014

By Doug Austin

Today’s thought leader is Brad Jenkins of CloudNine Discovery. Brad has over 20 years of experience as an entrepreneur, as well as 15 years leading customer focused companies in the litigation support arena. Brad also writes the Litigation Support Industry Blog, which covers news about litigation support and eDiscovery companies' funding activities, acquisitions & mergers and notable business successes. He has authored several articles on document management and litigation support issues, and has appeared as a speaker before national audiences on document management practices and solutions. He’s also my boss!

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If You’re Going to Attend Just One Session at LegalTech Next Week, Make it This Session - eDiscovery Best Practices

January 30, 2014

By Doug Austin

In just a few days, there will be big happenings in the New York area! No, I’m not talking about the big game, I’m talking about the biggest legal technology event of the year, LegalTech New York (LTNY). If you’re going to be attending the conference this year (and, if not, why not?), here is a session that is a “must attend” for anyone who wants to know leading judges’ perspectives on eDiscovery rules changes and best practices.

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2013 eDiscovery Year in Review: eDiscovery Case Law, Part 2

January 17, 2014

By Doug Austin

As we noted yesterday, eDiscoveryDaily published 78 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to admissibility and eDiscovery cost reimbursement. Today, let’s take a look back at cases related to production format disputes, search disputes and technology assisted review.

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Six eDiscovery Predictions for 2014, Part One - eDiscovery Trends

January 10, 2014

By Doug Austin

It’s that time of year, where people make predictions for the coming year for all sorts of things, including electronic discovery trends for the coming year. Though I have to say, I’ve seen fewer predictions this year than in past years. Nonetheless, I feel compelled to offer some of my own predictions. If they turn out right, you heard it here first!

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Moneycase: Should Your Law Practice Be Run Like a Baseball Team? -- eDiscovery Trends

December 10, 2013

By Doug Austin

Remember the movie Moneyball (adapted from the book of the same name) about Oakland A's general manager Billy Beane's use of computer-generated analytics to pick his players to successfully assemble a baseball team that advanced to the baseball playoffs while spending a fraction of the budget as other teams? Can law firms learn from that example?

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Does Size Matter? – eDiscovery Replay

November 19, 2013

By Doug Austin

I frequently get asked how big does an ESI collection need to be to benefit from eDiscovery technology. In a recent case with one of my clients, the client had a fairly small collection – only about 4 GB. But, when a judge ruled that they had to start conducting depositions in a week, they needed to review that data in a weekend. Without the ability to cull the data and using OnDemand® to manage the linear review, they would not have been able to make that deadline. So, they clearly benefited from the use of eDiscovery technology in that case. But, if you’re not facing a tight deadline, how large does your collection need to be for the use of eDiscovery technology to provide benefits?

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The Number of Pages in Each Gigabyte Can Vary Widely – eDiscovery Replay

November 18, 2013

By Doug Austin

A while back, we talked about how the average number of pages in each gigabyte is approximately 50,000 to 75,000 pages and that each gigabyte effectively culled out can save $18,750 in review costs. But, did you know just how widely the number of pages per gigabyte can vary?

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Plaintiffs’ Supreme Effort to Recuse Judge Peck in Da Silva Moore Denied – eDiscovery Case Law

October 30, 2013

By Doug Austin

As we discussed back in July, attorneys representing lead plaintiff Monique Da Silva Moore and five other employees filed a petition for a writ of certiorari with the US Supreme Court arguing that New York Magistrate Judge Andrew Peck, who approved an eDiscovery protocol agreed to by the parties that included predictive coding technology, should have recused himself given his previous public statements expressing strong support of predictive coding. Earlier this month, on October 7, that petition was denied by the Supreme Court.

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For Successful Discovery, Think Backwards – eDiscovery Best Practices

October 08, 2013

By Doug Austin

The Electronic Discovery Reference Model (EDRM) has become the standard model for the workflow of the process for handling electronically stored information (ESI) in discovery. But, to succeed in discovery, regardless whether you’re the producing party or the receiving party, it might be helpful to think about the EDRM model backwards.

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eDiscovery Daily is Three Years Old!

September 20, 2013

By Doug Austin

We’ve always been free, now we are three! It’s hard to believe that it has been three years ago today since we launched the eDiscoveryDaily blog. We’re past the “terrible twos” and heading towards pre-school. Before you know it, we’ll be ready to take our driver’s test! Here are some posts over the last six months you may have missed.

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