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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.

Collection

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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Export Files and Custom Content Images in FTK Imager – eDiscovery Best Practices

June 04, 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 and how to add evidence items with FTK Imager for the purpose of reviewing the contents of evidence items, such as physical drives or images that you’ve created. This week, let’s discuss how to export files and how to create a custom content image of a targeted collection of files.

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Adding Evidence Items with FTK Imager – eDiscovery Best Practices

May 20, 2013

By Doug Austin

A couple of weeks ago, we talked about the benefits and capabilities of Forensic Toolkit (FTK) Imager, which is a computer forensics software application provided by AccessData, as well as how to download your own free copy. Then, last week, we discussed how to create a disk image. This week, let’s discuss how to add evidence items with FTK Imager for the purpose of reviewing the contents of evidence items, such as physical drives or images that you’ve created.

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Defendant Compelled by Court to Produce Metadata – eDiscovery Case Law

May 17, 2013

By Doug Austin

In AtHome Care, Inc. v. The Evangelical Lutheran Good Samaritan Society, Idaho District Judge B. Lynn Winmill granted the plaintiff’s motion to compel documents, ordering the defendant to identify and produce metadata for the documents in this case.

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How to Create an Image Using FTK Imager – eDiscovery Best Practices

May 13, 2013

By Doug Austin

A few days ago, we talked about the benefits and capabilities of Forensic Toolkit (FTK), which is a computer forensics software application provided by AccessData, as well as how to download your own free copy. Now, let’s discuss how to create a disk image.

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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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Image is Everything, But it Doesn’t Have to Cost Anything – eDiscovery Best Practices

May 03, 2013

By Doug Austin

Let’s recap. So far, in our discussion of free utilities for collection of data for eDiscovery, we’ve discussed the pitfalls of using drag and drop, the benefits of Robocopy (illustrating with the same example copy) and the benefits (and pitfalls) of Richcopy for targeted collection. But, are there any free tools that will enable you to perform a bit-by-bit forensic image copy that includes deleted files and slack space data? Yes, there is.

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You Don’t Have to Be Rich to Use Richcopy – eDiscovery Best Practices

April 26, 2013

By Doug Austin

If you want to be able to perform a forensically sound targeted collection, but would prefer a GUI based tool for performing the copy (instead of a command-line tool like Robocopy), then perhaps you should consider Richcopy. RichCopy is a free computer utility program developed by Ken Tamaru of Microsoft to copy file directories. It has some advantages, but also some pitfalls, to consider as a targeted copy and collection tool.

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Performing an Example Copy with Robocopy – eDiscovery Best Practices

April 19, 2013

By Doug Austin

Yesterday, we discussed the benefits of Robocopy, how to access it via the command line prompt (if you have Windows Vista or later) and how to get it (if you don’t). Today, we’re going to perform an example copy and take a look at the results.

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Want to Save Your Metadata in Collection? Robocop(y) to the Rescue! – eDiscovery Best Practices

April 18, 2013

By Doug Austin

Last week, we discussed the pitfalls of using drag and drop for collecting files for eDiscovery and illustrated an example using a blog post that I wrote about a month ago in a Word document for the post Five Common Myths About Predictive Coding. If you followed the steps along with one of your own files, you noticed that the resulting file appeared to have been modified before it was created, which reflects spoliation of the metadata during the copy process. I mentioned that there are better, more forensically sound, free methods for collecting data. One such method is Robocopy.

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Pop Quiz: Is it Possible for a File to be Modified Before it is Created? – eDiscovery Best Practices

April 12, 2013

By Doug Austin

Sounds like a trick question, doesn’t it? The answer is yes. And, collecting files in a forensically unsound manner can be a drag…and drop.

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Four More Tips to Quash the Cost of eDiscovery – eDiscovery Best Practices

April 01, 2013

By Doug Austin

Thursday, we covered the first four tips from Craig Ball’s informative post on his blog (Ball in your Court) entitled Eight Tips to Quash the Cost of E-Discovery with tips on saving eDiscovery costs. Today, we’ll discuss the last four tips.

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Eight Tips to Quash the Cost of eDiscovery – eDiscovery Best Practices

March 28, 2013

By Doug Austin

By now, Craig Ball needs no introduction our readers as he has been a thought leader interview participant for the past three years. I’m a regular reader of his blog, Ball in your Court and, last week, he published a very informative post entitled Eight Tips to Quash the Cost of E-Discovery with tips on saving eDiscovery costs. I thought we would cover those tips here, with some commentary.

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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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Outlook Emails Can Take Many Forms – eDiscovery Best Practices

March 19, 2013

By Doug Austin

Most discovery requests include a request for emails of parties involved in the case. Email data is often the best resource for establishing a timeline of communications in the case and Microsoft® Outlook is the most common email program used in business today. Outlook emails can be stored in several different forms, so it’s important to be able to account for each file format when collecting emails that may be responsive to the discovery request.

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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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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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10 Tips for LegalTech Vendors – eDiscovery Best Practices

February 19, 2013

By Doug Austin

We’ve mentioned Ralph Losey from Jackson Lewis several times on this blog, including last year’s thought leader interview at LegalTech New York and our interview with him again this year, which will be published on March 1. We’re discussing another interesting article from Losey, but this time it’s Adam Losey. His article 10 Tips for LegalTech Vendors, that appeared in Law Technology News has some interesting tips that all vendors (especially those exhibiting at trade shows) should bear in mind. Here are his tips, along with some of my comments.

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