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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

What I Want for Christmas - eDiscovery Wish List

December 19, 2014

By Doug Austin

With over 1,070 posts since September 20, 2010, we’ve had a lot to say about eDiscovery over 4+ years. However, we’ve never published a Christmas wish list of what we’d like to see happen in eDiscovery over the next year, so I thought I’d offer up some eDiscovery Christmas wishes. Let’s see if any of those come true within the next year!

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December Case Law Pop Quiz Answers! - eDiscovery Case Law

December 18, 2014

By Doug Austin

Yesterday, we gave you a pop quiz for the eDiscovery case law that we’ve covered since late October. If you’re reading the blog each day, these questions should be easy! Let's see how you did. Here are the answers.

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December Case Law Pop Quiz! - eDiscovery Case Law

December 17, 2014

By Doug Austin

We have time for one more case law pop quiz before the end of the year – this one is customized to the case law that we’ve covered since late October. If you’re reading the blog each day, these questions should be easy! If not, we’ve provided a link to the post with the answer. We’re that nice. Test your knowledge! Tomorrow, we’ll post the answers for those who don’t know and didn’t look them up.

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Image Isn't Everything, Court Says, Denying Plaintiff's Request for Imaging on Defendant's Hard Drives - eDiscovery Case Law

December 16, 2014

By Doug Austin

In Design Basics, LLC. v. Carhart Lumber Co., Nebraska Magistrate Judge Cheryl R. Zwart, after an extensive hearing on the plaintiff's motion to compel “full disk imaging of Defendant's hard drives, including Defendant's POS server, secretaries' computers, UBS devices. . .”, denied the motion after invoking the mandatory balancing test provided in FRCP Rule 26(b)(2)(C).

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Plaintiff Ordered to Make its Production Conform to Rule 34 - eDiscovery Case Law

December 15, 2014

By Doug Austin

In Venture Corp. Ltd. v. Barrett, California Magistrate Judge Paul S. Grewal ordered the plaintiffs to “(1) either organize and label each document it has produced or it shall provide custodial and other organizational information along the lines outlined above and (2) produce load files for its production containing searchable text and metadata” in order to conform to Rule 34 of the Federal Rules of Procedure and meet their obligation.

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"The Sheriff" is Retiring - eDiscovery Trends

December 12, 2014

By Doug Austin

Over a year ago, we covered an article in The American Lawyer by Lisa Holton about five eDiscovery trailblazing judges. In a few days, one of those judges, John Facciola, U.S. Magistrate Judge, U.S. District Court for the District of Columbia, is retiring.

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eDiscovery Challenges Continue for Government Attorneys - eDiscovery Trends

December 11, 2014

By Doug Austin

In April, we covered a benchmarking study of eDiscovery Practices for Government Agencies conducted by Deloitte – their seventh annual such study. You don’t have to wait a whole year for an update – their Eighth Annual Benchmarking Study of Electronic Discovery Practices for Government Agencies is available now.

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Court Determines that Software License Agreement Does Not Preclude Production of Video - eDiscovery Case Law

December 10, 2014

By Doug Austin

In Pero v. Norfolk Southern Railway, Co., Tennessee Magistrate Judge C. Clifford Shirley, Jr. granted the plaintiff’s motion to compel discovery of a video declining to require the plaintiff to view the video at the defendant’s counsel’s office or obtain a license for the proprietary viewing software, ordering the defendant instead to either produce a laptop with the video loaded on it or to reimburse the plaintiff for the cost of a software license.

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EDRM Updates Statistical Sampling Applied to Electronic Discovery Guide – eDiscovery Trends

December 09, 2014

By Doug Austin

Over two years ago, we covered EDRM’s initial announcement of a new guide called Statistical Sampling Applied to Electronic Discovery. Now, they have announced an updated version of the guide.

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Court Agrees with Defendants that Producing Medical Records in Native Form is an "Undue Burden" - eDiscovery Case Law

December 08, 2014

By Doug Austin

In Peterson v. Matlock, New Jersey Magistrate Judge Douglas E. Arpert denied the plaintiffs motion to compel defendants to produce the plaintiff's electronically stored medical records in “native readable format” after the defendants produced the records in PDF format, agreeing that the defendants had demonstrated that they would suffer an undue burden in complying with the plaintiff's request.

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New Study Sheds Light on Law Department Buying Habits - eDiscovery Trends

December 05, 2014

By Doug Austin

Want to know about law department habits regarding legal spend? Then, Huron Legal has a report for you.

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Where Some of Your Tax Dollars are Going, if you’re in Tennessee – eDiscovery Trends

December 04, 2014

By Doug Austin

One of the topics at the roundtable discussion after the Houston showing of The Decade of Discovery the other night was regarding Rule 37(e), preservation and sanctions. Apparently, at least in one state, the burden of preservation has become a fairly significant cost to that state.

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eDiscovery Professional Profile: Do You Know Amie Dutey?

December 03, 2014

By Doug Austin

Amie Dutey is the Discovery and Litigation Technology Manager in the Discovery Management Unit of the Office of the Chief Legal and Governance Officer, at Nationwide Mutual Insurance Co. (“Nationwide”).

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Houston, Hello! The Decade of Discovery Showing for One Night Only! - eDiscovery Trends

December 02, 2014

By Doug Austin

A few months ago, we told you about an intriguing documentary about eDiscovery that premiered in the New York area. Then, in October, we told you that documentary is making the rounds and may be coming to a theatre near you. Tonight, that documentary is showing in my hometown of Houston, so if you’re in the area, come check it out! It’s free, if you register!

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Finding Defendant's Destruction of Documents to be "Planned, Repeated and Comprehensive", Court Awards Judgment to Plaintiff - eDiscovery Case Law

December 01, 2014

By Doug Austin

In Regulatory Fundamentals Group v. Governance Risk Management Compliance, New York District Judge Katherine B. Forrest granted the plaintiff’s motion for sanctions and ordered that judgment be entered for the defendant’s “planned, repeated, and comprehensive” destruction of highly-relevant documents.

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What I’m Thankful for This Thanksgiving - eDiscovery Thanks

November 25, 2014

By Doug Austin

As a devoted blog writer and eDiscovery geek, with Thanksgiving coming this Thursday, I thought it would be a good time to talk about what I’m thankful for this holiday season from an eDiscovery standpoint. Maybe you’re thankful for some of these same things?

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Court Opts for Defendant’s Plan of Review including TAR and Manual Review over Plaintiff’s TAR Only Approach - eDiscovery Case Law

November 24, 2014

By Doug Austin

In Good v. American Water Works, West Virginia District Judge John T. Copenhaver, Jr. granted the defendants' motion for a Rule 502(d) order that merely encouraged the incorporation and employment of time-saving computer-assisted privilege review over the plaintiffs’ proposal disallowing linear privilege review altogether.

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Court Allows Costs for TIFF Conversion and OCR, Likens it to "Making Copies" - eDiscovery Case Law

November 21, 2014

By Doug Austin

In Kuznyetsov v. West Penn Allegheny Health Sys., Pennsylvania Senior District Judge Donetta W. Ambrose upheld the Clerk of Courts issuance of Taxation of Costs for $60,890.97 in favor of the defendants and against the named the plaintiffs, including costs for “scanning and conversion of native files to the agreed-upon format for production of ESI”.

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Twitter Might "Bug" You if You Want to Retrieve Archive Data - eDiscovery Best Practices

November 20, 2014

By Doug Austin

Thanks to the Google Alerts that I set up to send me new stories related to eDiscovery, I found an interesting blog post from an attorney that appears to shed light on an archival bug within Twitter that could affect people who may want to retrieve Twitter archival data for eDiscovery purposes.

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Defendant Ordered to Produce Archived Emails Even Though Plaintiff Failed to Produce Theirs - eDiscovery Case Law

November 19, 2014

By Doug Austin

In Finjan, Inc. v. Blue Coat Systems., California Magistrate Judge Paul S. Grewal granted the plaintiff’s motion ordering the defendant to produce relevant emails from its eight custodians, even though the plaintiff was unable to provide its own archival emails.

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More Organizations Have Data Breach Plans in Place, But More Are Reporting Data Breaches - eDiscovery Trends

November 18, 2014

By Doug Austin

You cannot talk about eDiscovery these days without talking about data security and breaches. Bank of America, Home Depot and Target are just three examples of big name companies that have been hit by data breaches. A recent study, conducted by the Ponemon Institute, shows that more organizations have data breach response plans and teams in place, yet more organizations are reporting at least one data breach in the past two years.

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The Watergate 18 Minute Gap in Audio Recordings Has Nothing on This Case - eDiscovery Case Law

November 17, 2014

By Doug Austin

In Novick v. AXA Network, LLC, New York Magistrate Judge Kevin Nathaniel Fox granted the plaintiff’s request for sanctions against the defendant, awarding an adverse inference jury instruction for several weeks of spoliated audio recordings and also awarding “reasonable attorney's fees and costs” associated with the motion as well as retaking several depositions.

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