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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

eDiscovery Throwback Thursdays - Collecting Documents

July 31, 2014

By Jane Gennarelli

In 1978, I took my first job in litigation, with the law department of a Fortune 100 corporation headquartered in New York City. I was one of a team assembled to collect responsive documents to be produced in a major antitrust litigation. The documents were located in the corporation’s office and warehouse facilities around the country. While the process of collecting documents varied from case to case, this project was representative of the general approach to collecting documents in large-scale litigation. Let me describe how it worked.

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Texas Supreme Court Reverses Spoliation Ruling, Remands Case for New Trial - eDiscovery Case Law

July 30, 2014

By Doug Austin

In Brookshire Bros., Ltd. v. Aldridge, the Supreme Court of Texas determined “that imposition of the severe sanction of a spoliation instruction was an abuse of discretion” in the trial court, reversed the court of appeals' judgment and remanded the case for a new trial.

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Failure to Preserve Cloud-Based Data Results in Severe Sanction for Defendant - eDiscovery Case Law

July 29, 2014

By Doug Austin

In Brown v. Tellermate Holdings, Magistrate Judge Terence Kemp granted plaintiffs’ motion for judgment and motion to strike, ruling that the defendant could not “present or rely upon evidence that it terminated the Browns' employment for performance-related reasons” and enabling the plaintiffs to use documents produced by the defendant “designated as attorneys'-eyes-only” to be used by the plaintiffs “without restriction”, due to the defendant’s failure to preserve or produce data from their Salesforce.com database.

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Here is a "Mashup" of eDiscovery Market Estimates - eDiscovery Trends

July 28, 2014

By Doug Austin

Last Friday, we profiled one eDiscovery market estimate that predicts that the eDiscovery market will reach $15.65 billion by 2020. Now, here’s a “mashup” of other estimates, courtesy of Rob Robinson.

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eDiscovery Market Predicted to Reach $15.65 Billion by 2020 - eDiscovery Trends

July 25, 2014

By Doug Austin

Is the eDiscovery industry still growing? According to one research firm, the answer is a resounding yes.

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eDiscovery Throwback Thursdays - Circa 1978, We Lived in a World of Paper

July 24, 2014

By Jane Gennarelli

Back before desktops, laptops and tablets, the business world meant paper. Lots of paper. And that meant that litigation preparation activities revolved around paper. Here's how the phases of discovery were handled, prior to the early 1980s.

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Transparency Reports for Other Companies - Social Tech eDiscovery

July 23, 2014

By Doug Austin

Over the past couple of weeks, we’ve taken a fresh look at Twitter’s Law Enforcement Policies and their latest Transparency Report to show government requests for data, looked at (for the first time) LinkedIn’s Privacy and Law Enforcement Data Request Guidelines and Transparency Report and, yesterday, looked at Facebook’s policies and Government Request Reports. Today, we will look at Transparency Reports for other companies.

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Facebook’s Policies and Government Request Reports - Social Tech eDiscovery

July 22, 2014

By Doug Austin

Two weeks ago, we took a fresh look at Twitter’s Law Enforcement Policies and their latest Transparency Report to show government requests for data, then last week (for the first time), we looked at LinkedIn’s Privacy and Law Enforcement Data Request Guidelines and Transparency Report. This week, we’ll take a look at Facebook’s policies and Government Request Reports.

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Court Denies Sanctions for Deletion of "Smoking Gun" Email, Grants Defendants' Motion for Summary Judgment - eDiscovery Case Law

July 21, 2014

By Doug Austin

In the case In re Text Messaging Antitrust Litig., Illinois District Judge Matthew F. Kennelly not only denied the plaintiffs’ request for an adverse inference sanction against the defendants for destroying emails, but also granted the defendants’ motion for summary judgment, as the plaintiffs failed to provide any supporting circumstantial evidence to meet their burden of proof.

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Court Orders Sharing of Costs for Forensic Examination of Plaintiff’s Emails – eDiscovery Case Law

July 18, 2014

By Doug Austin

In Zeller v. So. Central Emergency Med. Servs. Inc., Pennsylvania Magistrate Judge Karoline Mehalchick used the Zubulake seven factor test to rule that the costs for restoring and searching the plaintiff's emails should be shared, up to a maximum contribution by $1,500 by the plaintiff.

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eDiscovery History: Welcome to Throw-back Thursdays!

July 17, 2014

By Jane Gennarelli

I was recently teaching a project management class at a large law firm, and a student mentioned that he was working on a case that involved a very old document collection, some of which only existed on microfiche. He asked me for advice on managing the conversion of those documents and incorporating them into his bigger-picture project.

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LinkedIn’s Transparency Report - Social Tech eDiscovery

July 16, 2014

By Doug Austin

Yesterday, we talked about LinkedIn’s Privacy and Law Enforcement Data Request Guidelines. Like Twitter and other social media companies, LinkedIn also discloses a semi-annual Transparency Report to inform the public of the frequency and type of government requests the company receives regarding member data. Let’s take a look.

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LinkedIn Has Privacy and Law Enforcement Data Request Guidelines Too - Social Tech eDiscovery

July 15, 2014

By Doug Austin

Last week, we discussed recent updates to Twitter’s Law Enforcement policies as well as Twitter’s latest Transparency Report to show government requests for data. Today, let’s take a look at the Privacy Policy and Law Enforcement Guidelines for LinkedIn.

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Court Denies Defendant’s Request to Image Plaintiff’s PCs Three Years after Termination – eDiscovery Case Law

July 14, 2014

By Doug Austin

In Downs v. Virginia Health Systems, Virginia Magistrate Judge James G. Welsh, citing proportionality and privacy concerns, denied the defendant’s motion to compel the mirror imaging of the Plaintiff’s personal computers nearly three years after she had been terminated.

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Once Again, It’s Time to Nominate Your Favorite Law Blog – eDiscovery Trends

July 11, 2014

By Doug Austin

It’s that time of year! If you have a favorite law blog (or “blawg”, get it?), now is the time to nominate it for recognition in the ABA Journal 8th Annual Blawg 100.

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Are eDiscovery Vendor Fees "Unconscionable"? - eDiscovery Best Practices

July 10, 2014

By Doug Austin

Could an eDiscovery vendor actually charge nearly $190,000 to process 505 GB and host it for three months? According to a recent post by Craig Ball in his Ball in Your Court blog, the answer is yes – based on a sworn affidavit from an eDiscovery expert leading a national litigation support vendor.

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Twitter Remains Transparent Regarding Government Requests - Social Tech eDiscovery

July 09, 2014

By Doug Austin

Yesterday, we took an updated look at Twitter to see how it handles private information and law enforcement requests (such as subpoenas) and what has changed since our last look about two years ago. Today, we will take a look at Twitter’s latest Transparency Report to show government requests for data over the last six months of 2013.

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Twitter’s Law Enforcement Policies Revisited Again - Social Tech eDiscovery

July 08, 2014

By Doug Austin

It’s time to take another look at the social media platforms to see how they handle private information and law enforcement requests (such as subpoenas). Let’s start with Twitter.

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Samsung and Quinn Emanuel Ordered to Pay Over $2 Million for "Patentgate" Disclosure - eDiscovery Case Law

July 07, 2014

By Doug Austin

Remember the “patentgate” disclosure last year (by Samsung and their outside counsel firm of Quinn Emanuel Urquhart & Sullivan LLP) of confidential agreements that Apple had with Nokia? Did you think they were going to avoid having to pay for that disclosure? The answer is no.

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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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EDRM Introduces Search Intent Framework - eDiscovery Trends

July 02, 2014

By Doug Austin

It seems that just about every month EDRM publishes a new standard or guideline for eDiscovery best practices. On Monday, they announced the release of a new Search Intent Framework.

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Farewell to IT-Lex - eDiscovery Trends

July 01, 2014

By Doug Austin

We enjoy the opportunity to be a daily resource for eDiscovery news and analysis. There are several good resources for information about eDiscovery and legal technology, though very few of them provide new content daily. One that has been essentially doing so for the past two years is IT-Lex. Unfortunately, as of today IT-Lex has announced that they have discontinued operations.

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