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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

More Updates from the EDRM Annual Meeting – eDiscovery Trends

May 10, 2013

By Doug Austin

Yesterday, we discussed some general observations from the Annual Meeting for the Electronic Discovery Reference Model (EDRM) group and discussed some significant efforts and accomplishments by the (suddenly heavily talked about) EDRM Data Set project. Here are some updates from other projects within EDRM.

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Reporting from the EDRM Annual Meeting and a Data Set Update – eDiscovery Trends

May 09, 2013

By Doug Austin

The Electronic Discovery Reference Model (EDRM) Project was created in May 2005 by George Socha of Socha Consulting LLC and Tom Gelbmann of Gelbmann & Associates to address the lack of standards and guidelines in the electronic discovery market. Now, beginning its ninth year of operation with its annual meeting in St. Paul, MN, EDRM is accomplishing more than ever to address those needs. Here are some highlights from the meeting, and an update regarding the (suddenly heavily talked about) EDRM Data Set project.

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Plaintiffs’ Objections to Defendant’s Use of Keyword Search before Predictive Coding Rejected – eDiscovery Case Law

April 23, 2013

By Doug Austin

In the caseIn Re: Biomet M2a Magnum Hip Implant Products Liability Litigation (MDL 2391), the Plaintiffs’ Steering Committee in a Multi District Litigation objected to the defendant’s use of keyword searching prior to performing predictive coding and requested that the defendant go back to its original set of 19.5 million documents and repeat the predictive coding without performing keyword searching. Indiana District Judge Robert L. Miller, Jr. denied the request.

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Appeals Court Upholds Decision Not to Recuse Judge Peck in Da Silva Moore – eDiscovery Case Law

April 15, 2013

By Doug Austin

As reported by IT-Lex, the Second Circuit of the US Court of Appeals rejected the Plaintiff’s request for a writ of mandamus recusing Magistrate Judge Andrew J. Peck from Da Silva Moore v. Publicis Groupe SA.

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Fulbright’s Litigation Trends Survey Shows Increased Litigation, Mobile Device Collection – eDiscovery Trends

March 22, 2013

By Doug Austin

According to Fulbright's 9th Annual Litigation Trends Survey released last month, companies in the United States and United Kingdom continue to deal with, and spend more on litigation. From an eDiscovery standpoint, the survey showed an increase in requirements to preserve and collect data from employee mobile devices, a high reliance on self-preservation to fulfill preservation obligations and a decent percentage of organizations using technology assisted review.

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eDiscovery Daily Is Thirty! (Months Old, That Is)

March 21, 2013

By Doug Austin

Thirty months ago yesterday, eDiscovery Daily was launched. It’s hard to believe that it has been 2 1/2 years since our first three posts that debuted on our first day. 635 posts later, a lot has happened in the industry that we’ve covered. And, yes we’re still crazy after all these years for committing to a daily post each business day, but we still haven’t missed a business day yet. Twice a year, we like to take a look back at some of the important stories and topics during that time. So, here are just a few of the posts over the last six months you may have missed. Enjoy!

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Five Common Myths About Predictive Coding – eDiscovery Best Practices

March 11, 2013

By Doug Austin

During my interviews with various thought leaders, we discussed various aspects of predictive coding and some of the perceived myths that exist regarding predictive coding and what it means to the review process. I thought it would be a good idea to recap some of those myths and how they compare to the “reality” (at least as some of us see it). Or maybe just me. :-)

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Craig Ball of Craig D. Ball, P.C. – eDiscovery Trends, Part 3

March 08, 2013

By Doug Austin

Today’s thought leader is Craig Ball. A frequent court appointed special master in electronic evidence, Craig is a prolific contributor to continuing legal and professional education programs throughout the United States, having delivered over 1,000 presentations and papers. Craig’s articles on forensic technology and electronic discovery frequently appear in the national media, and he writes a monthly column on computer forensics and eDiscovery for Law Technology News called Ball in your Court, as well as blogs on those topics at ballinyourcourt.com.

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Craig Ball of Craig D. Ball, P.C. – eDiscovery Trends, Part 2

March 07, 2013

By Doug Austin

Today’s thought leader is Craig Ball. A frequent court appointed special master in electronic evidence, Craig is a prolific contributor to continuing legal and professional education programs throughout the United States, having delivered over 1,000 presentations and papers. Craig’s articles on forensic technology and electronic discovery frequently appear in the national media, and he writes a monthly column on computer forensics and eDiscovery for Law Technology News called Ball in your Court, as well as blogs on those topics at ballinyourcourt.com.

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Craig Ball of Craig D. Ball, P.C. – eDiscovery Trends, Part 1

March 06, 2013

By Doug Austin

Today’s thought leader is Craig Ball. A frequent court appointed special master in electronic evidence, Craig is a prolific contributor to continuing legal and professional education programs throughout the United States, having delivered over 1,000 presentations and papers. Craig’s articles on forensic technology and electronic discovery frequently appear in the national media, and he writes a monthly column on computer forensics and eDiscovery for Law Technology News called Ball in your Court, as well as blogs on those topics at ballinyourcourt.com.

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Ralph Losey of Jackson Lewis, LLP – eDiscovery Trends, Part 2

March 04, 2013

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 Partner and the firm's National e-Discovery Counsel. Ralph is also an Adjunct Professor at the University of Florida College of Law teaching eDiscovery and advanced eDiscovery. 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 intensive online training program, e-Discovery Team Training, with attorney and technical students all over the world and founder of the new Electronic Discovery Best Practices (EDBP) lawyer-centric work flow model.

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Ralph Losey of Jackson Lewis, LLP – eDiscovery Trends, Part 1

March 01, 2013

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 Partner and the firm's National e-Discovery Counsel. Ralph is also an Adjunct Professor at the University of Florida College of Law teaching eDiscovery and advanced eDiscovery. 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 intensive online training program, e-Discovery Team Training, with attorney and technical students all over the world and founder of the new Electronic Discovery Best Practices (EDBP) lawyer-centric work flow model.

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Nigel Murray of Huron Legal – eDiscovery Trends

February 28, 2013

By Doug Austin

Today’s thought leader is Nigel Murray. Nigel is Managing Director at Huron Legal. Nigel has been at the forefront of the litigation support and e-Disclosure industry in the UK since 1991. He managed the first e-disclosure project to go before a U.K. court in the early 2000s and has since advised and worked with many clients in the U.K., mainland Europe and the Middle East in a range of industry sectors. Prior to joining Huron, Nigel was the founder and managing director of TRILANTIC, the first U.K.-based e-disclosure company, and a litigation support manager in a major international law firm. Nigel has been a speaker at engagements throughout the U.S., Europe and the Middle East, and he has published multiple articles.

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Must Losing Plaintiff Pay Defendant $2.8 Million for Predictive Coding of One Million Documents? Court Says Yes – eDiscovery Case Law

February 26, 2013

By Doug Austin

In Gabriel Technologies Corp. v. Qualcomm Inc., District Judge Anthony J. Battaglia awarded the defendant over $12.4 million in attorneys’ fees to be paid by the losing plaintiff in the case. The amount included over $2.8 million for “computer-assisted, algorithm-driven document review” and nearly $392,000 for contract attorneys to review documents identified by the algorithm as responsive.

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George Socha of Socha Consulting LLC – eDiscovery Trends

February 25, 2013

By Doug Austin

Today’s thought leader is George Socha. A litigator for 16 years, George is President of Socha Consulting LLC, offering services as an electronic discovery expert witness, special master and advisor to corporations, law firms and their clients, and legal vertical market software and service providers in the areas of electronic discovery and automated litigation support. George has also been co-author of the leading survey on the electronic discovery market, The Socha-Gelbmann Electronic Discovery Survey; in 2011, he and Tom Gelbmann converted the Survey into Apersee, an online system for selecting eDiscovery providers and their offerings. In 2005, he and Tom Gelbmann launched the Electronic Discovery Reference Model project to establish standards within the eDiscovery industry – today, the EDRM model has become a standard in the industry for the eDiscovery life cycle and there are nine active projects with over 300 members from 81 participating organizations. George has a J.D. for Cornell Law School and a B.A. from the University of Wisconsin – Madison.

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

February 22, 2013

By Doug Austin

Today’s thought leader is Alon Israely. Alon is a Manager of Strategic Partnerships at Business Intelligence Associates (BIA) and currently leads the Strategic Partner Program at BIA. Alon has over seventeen 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 Certified Information Security Specialist (CISSP).

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

February 21, 2013

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. Last year, 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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Tom Gelbmann of Gelbmann & Associates, LLC – eDiscovery Trends

February 15, 2013

By Doug Austin

Today’s thought leader is Tom Gelbmann. Tom is Principal of Gelbmann & Associates, LLC. Since 1993, Gelbmann & Associates, LLC has advised law firms and Corporate Law Departments to realize the full benefit of their investments in Information Technology. Tom has also been co-author of the leading survey on the electronic discovery market, The Socha-Gelbmann Electronic Discovery Survey; in 2011 he and George Socha converted the Survey into Apersee, an online system for selecting eDiscovery providers and their offerings. In 2005, he and George Socha launched the Electronic Discovery Reference Model project to establish standards within the eDiscovery industry – today, the EDRM model has become a standard in the industry for the eDiscovery life cycle.

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Brad Jenkins of CloudNine Discovery – eDiscovery Trends

February 11, 2013

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 14 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 e-discovery companies' funding activities, acquisitions & mergers and notable business successes. He has authored many articles on document management and litigation support issues, and has appeared as a speaker before national audiences on document management practices and solutions.

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Is 31,000 Missed Relevant Documents an Acceptable Outcome? – eDiscovery Case Law

January 28, 2013

By Doug Austin

It might be, if the alternative is 62,000 missed relevant documents. Last week, we reported on the first case for technology assisted review to be completed, Global Aerospace Inc., et al, v. Landow Aviation, L.P. dba Dulles Jet Center, et al, in which predictive coding was approved last April by Virginia State Circuit Court Judge James H. Chamblin. Now, as reported by the ABA Journal (by way of the Wall Street Journal Law Blog), we have an idea of the results from the predictive coding exercise.

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First Case for Technology Assisted Review to be Completed – eDiscovery Trends

January 21, 2013

By Doug Austin

As reported in Law Technology News by Evan Koblentz, it appears we have our first case in which predictive coding has been completed.

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2012 eDiscovery Year in Review: eDiscovery Case Law, Part 2

January 16, 2013

By Doug Austin

As we noted yesterday, eDiscoveryDaily published 98 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to proportionality and cooperation, privilege and inadvertent disclosures, and eDiscovery cost reimbursement. Today, let’s take a look back at cases related to social media and, of course, technology assisted review(!).

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