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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 [email protected]

Case Law

Use of a Bulk File Changer to Manipulate Metadata Leads to Sanctions for Defendant – eDiscovery Case Law

April 21, 2014

By Doug Austin

In T&E Investment Group, LLC v. Faulkner, Texas District Judge Jorge A. Solis upheld the earlier recommendation of the Magistrate Judge to order an adverse inference sanction, along with monetary sanctions, against the defendant for manipulation of metadata.

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Plaintiffs Triumph in Second Motion to Enforce Court Ordered Production of Email Attachments - eDiscovery Case Law

April 17, 2014

By Doug Austin

In Skepnek v. Roper & Twardowsky, LLC, Kansas Magistrate Judge James P. O’Hara ruled on a second motion filed by the plaintiffs to enforce a discovery order that was not followed completely by the defendants – specifically, the plaintiffs sought to compel the production of email attachments that were not produced along with the emails themselves.

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Plaintiff Sanctioned for Spoliation of Digital Evidence in Sexual Harassment Lawsuit – eDiscovery Case Law

April 14, 2014

By Doug Austin

In Calderon v. Corporacion Puertorrique a de Salud, the plaintiff was found to have violated his duty to preserve evidence during the discovery phase of this sexual harassment lawsuit. Sanctions were imposed, though not to the extent requested by the defendants.

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Definition of “Electronic Storage” Considered in Invasion of Privacy Lawsuit – eDiscovery Case Law

April 07, 2014

By Doug Austin

In Cheng v. Romo, the interpretation of laws enacted prior to the modern Internet age served as a deciding factor in the outcome of this invasion of privacy lawsuit, which alleged a violation of the Stored Communications Act (SCA).

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Sanctions Denied over Destruction of Audio Evidence in Discrimination Lawsuit - eDiscovery Case Law

April 04, 2014

By Doug Austin

In Sokn v. Fieldcrest Cmty. Unit School Dist. No. 8, the plaintiff filed a motion for default and sanctions relating to spoliation of evidence with a federal court, after a district court issued a Report and Recommendation (R&R) to deny the motion. Illinois Senior District Judge Joe Billy McDade ultimately declined to impose sanctions, due to a lack of evidence regarding the timing of alleged spoliation, and the plaintiff’s inability to establish bad faith on the part of the defendants.

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Ruling on ESI Discovery Dispute Delayed as Court Requests Specific Information - eDiscovery Case Law

March 31, 2014

By Doug Austin

In Worley v. Avanquest North America Inc., a putative class action involving PC security software, California Magistrate Judge Laurel Beeler required the defendant to produce further information related to discovery disputes before a ruling would be issued.

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Clawback Rights Upheld and Plaintiff Sanctioned for Refusal to Comply Concerning Inadvertently Produced Privileged Documents - eDiscovery Case Law

March 25, 2014

By Doug Austin

In RIPL Corp. v. Google Inc., seven discovery-related motions were heard concerning this trademark infringement action. The various motions to seal, compel, enforce, and sanction were filed after the parties had entered into a stipulated protective order. Washington District Judge Ricardo S. Martinez granted in part, denied in part, and deferred in part the various motions.

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Electronic Discovery Dispute Sees Court Requesting Cooperation from Both Parties to Avoid "Court-Ordered Middle Ground" - eDiscovery Case Law

March 24, 2014

By Doug Austin

In Fort Worth Employees’ Retirement Fund v. J.P. Morgan Chase & Co., a complex discovery dispute arose during the process of this securities action lawsuit revolving around the defendants’ loan products and offerings with regards to a specific consumer class, in which the plaintiffs filed a motion to compel an expanded discovery.

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

March 21, 2014

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 1,500 presentations and papers. Craig’s articles on forensic technology and electronic discovery frequently appear in the national media, and just ended nine years writing a monthly column on computer forensics and eDiscovery for Law Technology News called Ball in your Court. He currently blogs on those topics at ballinyourcourt.com.

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

March 20, 2014

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 1,500 presentations and papers. Craig’s articles on forensic technology and electronic discovery frequently appear in the national media, and just ended nine years writing a monthly column on computer forensics and eDiscovery for Law Technology News called Ball in your Court. He currently blogs on those topics at ballinyourcourt.com.

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Apple Can’t Mention Inadvertent Disclosure in Samsung Case - eDiscovery Case Law

March 13, 2014

By Doug Austin

Back in January, Quinn Emanuel Urquhart & Sullivan LLP was sanctioned for their inadvertent disclosure in the Apple vs Samsung litigation (commonly referred to as “patentgate”). California Magistrate Judge Paul S. Grewal handed down an order on motions for sanctions against Quinn Emanuel (in essence) requiring the firm to “reimburse Apple, Nokia, and their counsel for any and all costs and fees incurred in litigating this motion and the discovery associated with it”. Many felt that Samsung and Quinn Emanuel got off lightly. Now, Apple can’t even mention the inadvertent disclosure in the upcoming Samsung trial.

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Federal Court Partially Reverses District Court’s Taxation of Electronic Discovery Costs - eDiscovery Case Law

March 11, 2014

By Doug Austin

In CBT Flint Partners, LLC v. Return Path, Inc., the Federal Circuit Court of Appeals reversed in part and vacated in part an earlier decision by the Georgia district court to require the plaintiffs to pay the defendants’ costs relating to the production and duplication of electronically stored information (ESI) offered as eDiscovery, limiting taxation to only those costs which were directly related to copying.

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Dispute over Production Format and Search Terms for Electronic Discovery Highlights the Need for Cooperation - eDiscovery Case Law

February 21, 2014

By Doug Austin

In Saliga v. Chemtura Corp., a discrimination case heard by Connecticut Magistrate Judge Donna F. Martinez, the plaintiff and the defendants had spent a year arguing over the format of production for Electronically Stored Information (ESI) to be used in discovery, as well as relevant search terms, before the plaintiff filed a motion to compel.

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Bad Faith Violations in Discovery Lead to Sanctions for Defendant – eDiscovery Case Law

February 20, 2014

By Doug Austin

Regarding the case In re Pradaxa (Dabigatran Etexilate) Products Liability Litigation, the defendants’ repeated failure to preserve and produce documents during discovery was found to be in bad faith. The defendants were ordered to produce the documents, or to explain why they couldn’t be produced, and to pay a hefty fine plus the plaintiff’s costs and fees for pursuing discovery motions. The order left room for additional future sanctions, should the bad faith behavior continue.

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Search Process for ESI Called into Question, but Court Denies Sanctions for Plaintiff - eDiscovery Case Law

February 13, 2014

By Doug Austin

In Brown v. West Corp., the plaintiff filed a motion to compel, claiming the defendant had been insufficient in its handling of searching for Electronically Stored Information (ESI) relevant to discovery. The plaintiff additionally contested a prior order from a magistrate judge, requiring the defendant to explain its search processes to the defendant. Ultimately, Nebraska Senior District Judge Lyle E. Strom denied the requested sanctions and rejected the challenge to the prior order.

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Sanctions Awarded when Defendant Failed to Preserve Relevant Evidence - eDiscovery Case Law

February 10, 2014

By Doug Austin

In Zest IP Holdings, LLC v. Implant Direct Manufacturing, LLC., California Magistrate Judge William V. Gallo granted the Plaintiff’s motion for sanctions because parties are “required to preserve evidence relevant to litigation and to prevent spoliation.” Judge Gallo found that the Defendant “failed to preserve multiple documents that are relevant to Plaintiff's claims with the requisite culpable state of mind to support a finding of spoliation of evidence”.

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'Discovery About Discovery' Motions Lead to Unusual Court Decision - eDiscovery Case Law

February 07, 2014

By Doug Austin

In Ruiz-Bueno v. Scott, a discovery dispute in this wrongful death case arose, leading Ohio Magistrate Judge Terence P. Kemp to arrive at the unusual decision to direct a party to provide ‘discovery about discovery.’

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Discovery of Privileged Documents and Form of Production Addressed in Ruling on Second Motion to Compel - eDiscovery Case Law

February 03, 2014

By Doug Austin

In RPM Pizza LLC v. Argonaut Great Central Insurance Co., Louisiana Magistrate Judge Stephen C. Riedlinger delivered a partial ruling on a Second Motion to Compel the Production of Documents and Interrogatory Responses filed by the plaintiffs, who filed the motion in effect to renew their previous motion to compel, to which the defendant did not respond in a timely manner. Largely due to the delayed response, Judge Reidlinger ruled in favor of the plaintiff on several aspects of the motion.

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Quinn Emanuel Sanctioned for Inadvertent Disclosure, Samsung Escapes Sanction – eDiscovery Case Law

January 31, 2014

By Doug Austin

California Magistrate Judge Paul S. Grewal has now handed down an order on motions for sanctions against Samsung and the Quinn Emanuel law firm in the never-ending Apple v. Samsung litigation for the inadvertent disclosure of confidential agreements that Apple had with Nokia, Ericsson, Sharp and Philips – now widely referred to as “patentgate”.

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Federal Circuit Reduces Award for Defendants Based on Costs of Digital Copies - eDiscovery Case Law

January 27, 2014

By Doug Austin

In Phillip M. Adams & Associates, L.L.C. v. Sony Electronics Inc., a Federal Circuit court limited awards for the defendant with regard to the costs of digital copies, in a decision that followed the reasoning of the Third Circuit and Fourth Circuit in prior cases.

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Court Grants Motion to Compel Defendant to Produce Documents as Requested and Chronicle Approach - eDiscovery Case Law

January 24, 2014

By Doug Austin

In Home Instead, Inc. v. Florance, following a motion to compel discovery on behalf of the plaintiff, Nebraska Magistrate Judge Cheryl R. Zwart ordered the defendant to produce documents requested during discovery and required the defendant to produce a sworn affidavit chronicling the methods used in their search for production of the discovery documents.

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LitigationWorld Quick Start Guide to Mastering eDiscovery - eDiscovery Best Practices

January 23, 2014

By Doug Austin

Sometimes, it seems like we’re going too fast when trying to explain eDiscovery to attorneys. At least it seems that there are a lot of attorneys that don’t understand the simplest basics. Now, a brand new guide is hoping to help change that. Earlier this month, TechnoLawyer published LitigationWorld Quick Start Guide to Mastering Ediscovery, written by Tom O’Connor, who is a nationally recognized consultant in legal technology.

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