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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.

Electronic Discovery

Don’t Get “Wild” with Wildcards – Best of eDiscovery Daily

September 23, 2014

By Doug Austin

Several months ago, I provided search strategy assistance to a client that had already agreed upon several searches with opposing counsel. One search related to mining activities, so the attorney decided to use a wildcard of “min*” to retrieve variations like “mine”, “mines” and “mining”. That one search retrieved over 300,000 files with hits. Why? Let's see.

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eDiscovery Daily is Four Years Old!

September 22, 2014

By Doug Austin

Believe it or not, it has been four years ago this past Saturday since we launched the eDiscovery Daily blog! Now is your chance to catch up on some posts that you may have missed!

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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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eDiscovery Throwback Thursdays – How Databases Were Used, Circa Early 1980s, Part 5

September 18, 2014

By Jane Gennarelli

So far in this blog series, we’ve taken a look at the ‘litigation support culture’ in the late 1970’s and early 1980’s, we’ve covered how databases were built, and we started discussing how databases were used. We’re going to continue that in this post by discussing the workflow for searching and selecting documents for review.

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Court Grants Motion for Spoliation Sanctions Due to Data that is “Less Accessible” - eDiscovery Case Law

September 17, 2014

By Doug Austin

In Mazzei v. Money Store, New York Magistrate Judge Ronald L. Ellis granted the plaintiff’s motion for spoliation sanctions against the defendant, ordering the defendant to bear the cost of obtaining all the relevant data in question from a third party as well as paying for plaintiff attorney fees in filing the motion.

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Litigation Support Tools of the Trade - eDiscovery Best Practices

September 16, 2014

By Doug Austin

If you have worked in litigation support for a number of years like I have, you start to assemble a toolkit of applications that help you get your job done more quickly and efficiently. In her excellent Litigation Support Guru blog, Amy Bowser-Rollins has recently published a series of posts that describe tools of the trade that she recommends to litigation support “newbies”. Let’s take a look.

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Court Rules to Limit Scope of Discovery, Noting that “Searching for ESI is only one discovery tool” - eDiscovery Case Law

September 15, 2014

By Doug Austin

In United States v. Univ. of Neb. at Kearney, Nebraska Magistrate Judge Cheryl R. Zwart denied the government’s motion to compel discovery, finding that “ESI is neither the only nor the best and most economical discovery method for obtaining the information the government seeks” and stating that searching for ESI “should not be deemed a replacement for interrogatories, production requests, requests for admissions and depositions”.

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New Survey Shows eDiscovery Workload, Predictive Coding Use Increasing - eDiscovery Trends

September 12, 2014

By Doug Austin

eDiscovery workload, the use of predictive coding and projected rate of adoption of technically assisted review are all up significantly, according to a new report by recruiting and staffing firm The Cowen Group.

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eDiscovery Throwback Thursdays – How Databases Were Used, Circa Early 1980s, Part 4

September 11, 2014

By Jane Gennarelli

So far in this blog series, we’ve taken a look at the ‘litigation support culture’ in the late 1970’s and early 1980’s, and we’ve covered how a database was built. We’re going to move on to discuss how those databases were used. The picture above is of a Texas Instruments Silent 700 terminal – which was the standard for use by litigators. This photo was taken at the Texas State Historical Museum.

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Court Denies Plaintiff’s Fallback Request for Meet and Confer after Quashing its Subpoena - eDiscovery Case Law

September 10, 2014

By Doug Austin

In Boston Scientific Corporation v. Lee, California Magistrate Judge Paul S. Grewal found time to preside over a case other than Apple v. Samsung and granted the motion to quash the plaintiff’s subpoena for the defendant’s laptops, refusing the plaintiff’s fallback position to meet and confer and referencing Leave it to Beaver in the process.

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How Much Will it Cost? - eDiscovery Best Practices

September 09, 2014

By Doug Austin

By far, the most important (and, therefore, the most asked) question asked of eDiscovery providers is “How much will it cost?”. Actually, you should be asking a few questions to get that answer – if they are the right questions, you can actually get the answer you seek.

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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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An Insufficient Password Will Leave You Exposed - eDiscovery Best Practices

September 05, 2014

By Doug Austin

As a cloud software provider, we at CloudNine Discovery place a premium on the security of our clients’ data. However, no matter how secure a system is, whether it’s local to your office or stored in the “cloud”, an insufficient password that can be easily guessed can allow hackers to get in and steal your data.

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eDiscovery Throwback Thursdays – How Databases Were Built, Circa Early 1980s, Part 3

September 04, 2014

By Jane Gennarelli

In the last couple of Throwback Thursday posts we covered the first stages in a database-building project (circa 1980), including designing and planning a database, preparing for a project, establishing an archive, coding and qc, and production status record keeping. The next steps are described here.

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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 Refuses to Ban Samsung from Selling Products Found to Have Infringed on Apple Products - eDiscovery Case Law

September 02, 2014

By Doug Austin

Apple may have won several battles with Samsung, including ultimately being awarded over $1 billion in verdicts, as well as a $2 million sanction for the inadvertent disclosure of its outside counsel firm (Quinn Emanuel Urquhart & Sullivan LLP) commonly known as “patentgate”. But, Samsung has may have won the war with the court’s refusal to ban Samsung from selling products that were found to have infringed on Apple products.

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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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eDiscovery Blog Throwback Thursdays – How Databases Were Built, Circa Early 1980s, Part 2

August 28, 2014

By Jane Gennarelli

The Throwback Thursday blog two weeks ago included discussion of the first stages in a database-building project (circa 1980), including designing and planning a database, and preparing for a project. The next steps are described here.

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When Reviewing and Producing Documents, Don't Forget the "Mother and Child Reunion" - eDiscovery Best Practices

August 27, 2014

By Doug Austin

I love Paul Simon’s music. One of my favorite songs of his is Mother and Child Reunion. Of course, I’m such an eDiscovery nerd that every time I think of that song, I think of keeping email and attachment families together. If you don’t remember the Mother and Child Reunion, you might provide an incomplete production to opposing counsel.

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Browning Marean: 1942 - 2014

August 26, 2014

By Doug Austin

Browning Marean passed away this past Friday (August 22) at the age of 71 from complications after a several months battle with esophageal cancer. As described in several wonderful tributes that I read today, his death was not only a huge loss to the eDiscovery and legal technology community, but to any individuals that had the opportunity to know him and work with him. Here are links to those tributes, I encourage you to take some time out today and get to know him through the eyes of others like I did today.

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Circuit Court Affirms Denial of Sanctions Over Spoliation by Defendant - eDiscovery Case Law

August 25, 2014

By Doug Austin

In Automated Solutions Corp. v. Paragon Data Sys., Inc., the Sixth Circuit court affirmed the holdings of the district court, rejecting the plaintiff’s arguments that the district court abused its discretion by denying plaintiff’s motion for spoliation sanctions due to defendant’s failure to preserve information on a hard drive and server. The circuit court also affirmed the ruling by both the magistrate and district judge that the defendant’s back-up tapes were not subject to the duty to preserve.

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It’s Friday at 5 and I Need Data Processed to Review this Weekend - eDiscovery Humor

August 22, 2014

By Doug Austin

We’ve referenced Ralph Losey’s excellent e-Discovery Team® blog several times before on this blog – it’s a great read and you won’t find a blog that gets more in depth than his does (he has also been gracious enough to participate in our thought leader interview series for the last three years). And, as Ralph has demonstrated before, he has a sense of humor when it comes to electronic discovery.

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