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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

Court Slashes Vendor Bill Filled with Double Billing and Data Recovery Charges - eDiscovery Case Law

October 22, 2014

By Doug Austin

In Lanterman and Computer Forensic Services v. Afremov, Minnesota District Judge Philip D. Bush slashed over $700,000 from the plaintiff’s disputed invoices for eDiscovery work performed on behalf of the defendant, leaving an award of just over $103,000 for services rendered.

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October Case Law Pop Quiz Answers! - eDiscovery Case Law

October 21, 2014

By Doug Austin

Yesterday, we gave you a pop quiz for the eDiscovery case law that we’ve covered since the beginning of August. 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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October Case Law Pop Quiz! - eDiscovery Case Law

October 20, 2014

By Doug Austin

We enjoyed the eDiscovery case law pop quiz that we did back in August so much, that we decided it’s time for another one – this one is customized to the case law that we’ve covered since the beginning of August. 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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Battle Continues between Attorneys and Client over Attorneys’ Failure to Review Documents - eDiscovery Case Law

October 17, 2014

By Doug Austin

In Price Waicukauski & Riley v. Murray, Indiana District Judge William T. Lawrence granted the plaintiff’s request for summary judgment for failure to pay attorney’s fees of over $125,000, and refused to issue summary judgment for either party related to a legal malpractice claim for the plaintiff’s admitted failure to review documents produced in the defendants’ case against another party because of a factual dispute regarding the plaintiff’s knowledge of the documents produced.

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If You Have a Flashlight App on Your Phone, You Need to Read This - Mobile eDiscovery

October 16, 2014

By Doug Austin

Yesterday, we discussed a case where a company faced a recommended severe default judgment sanction, in part because of the company’s failure to preserve data on “bring your own device” (BYOD) personal smart phones used by employees for work purposes. This is merely one challenge associated with BYOD policies in organizations. Another is the greater potential for spyware to capture data through installed apps. Here is one reported example.

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Failure to Preserve Data on Various Devices Causes Special Master to Recommend Default Judgment - eDiscovery Case Law

October 15, 2014

By Doug Austin

In Small v. University Medical Center of Southern Nevada, Special Master Daniel B. Garrie, calling the defendant’s widespread failure to preserve data a “mockery of the orderly administration of justice”, recommended that the court enter an order of default judgment, along with further sanctions, in favor of the plaintiffs.

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Microsoft Acquires Equivio (Reportedly) and Everyone Speculates what that Means for eDiscovery - eDiscovery Trends

October 14, 2014

By Doug Austin

The acquisitions just keep coming. The Wall Street Journal reported on October 7 that Microsoft has signed a letter of intent to acquire Israeli text-analysis vendor, Equivio. The Journal said Microsoft may pay $200 million for the startup, though Bloomberg’s report on the same day stated “Microsoft will pay materially less than that, the person with knowledge of the matter said”. So, what does it mean for the eDiscovery industry?

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Court Rules that Joint Stipulation Supports Plaintiff’s Production of Images Instead of Native Files - eDiscovery Case Law

October 13, 2014

By Doug Austin

In Melian Labs, Inc. v. Triology LLC, California Magistrate Judge Kandis A. Westmore denied the plaintiff’s motion to compel discovery in native form because the production format had been agreed upon under the parties’ ESI protocol under the Joint Rule 26(f) Report filed by the parties that supported production in “paper, PDF, or TIFF format”.

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Twitter Sues for the Right to be More Transparent - Social Tech eDiscovery

October 10, 2014

By Doug Austin

Back in July, we took a look at Twitter’s Transparency Report to show government requests for data over the last six months of 2013 (we had previously looked at their very first report here). However, because Twitter is barred by law from disclosing certain details on government surveillance requests, the Transparency Report is not as transparent as Twitter would like. So, on Tuesday, Twitter filed suit against the FBI and the Justice Department, seeking the ability to release more detailed information on government surveillance of Twitter users.

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eDiscovery Throwback Thursdays – How things evolved, part 3

October 09, 2014

By Jane Gennarelli

So far in this blog series, we’ve taken a look at the ‘litigation support culture’ circa 1980, and we’ve covered how databases were built and used. In the past couple of weeks we’ve talked about the form in which document collections were stored and the evolution – first in paper form, then on microfilm, then microfiche, and then as digital images. Database content has evolved too. Let's discuss.

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Survey of Corporate Counsel Finds that there is Much Room for Improvement in Handling eDiscovery - eDiscovery Trends

October 08, 2014

By Doug Austin

Yesterday, we discussed a new self-assessment test that enables organizations to measure their eDiscovery “maturity”. Today, we look at a new survey of corporate counsel from BDO Consulting that shows that they feel there is substantial room for improvement when evaluating their organizations' effectiveness in managing eDiscovery.

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How Mature is Your Organization in Handling eDiscovery? - eDiscovery Best Practices

October 07, 2014

By Doug Austin

A new self-assessment resource from EDRM helps you answer that question. A few days ago, EDRM announced the release of the EDRM eDiscovery Maturity Self-Assessment Test (eMSAT-1), the “first self-assessment resource to help organizations measure their eDiscovery maturity”. Find out more about it here.

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Court Approves Use of Predictive Coding, Disagrees that it is an "Unproven Technology" - eDiscovery Case Law

October 06, 2014

By Doug Austin

In Dynamo Holdings v. Commissioner of Internal Revenue, Texas Tax Court Judge Ronald Buch ruled that the petitioners “may use predictive coding in responding to respondent's discovery request” and if “after reviewing the results, respondent believes that the response to the discovery request is incomplete, he may file a motion to compel at that time”.

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Good Processing Requires a Sound Process - Best of eDiscovery Daily

October 03, 2014

By Doug Austin

As we discussed Wednesday, working with electronic files in a review tool is NOT just simply a matter of loading the files and getting started. Electronic files are diverse and can represent a whole collection of issues to address in order to process them for loading. To address those issues effectively, processing requires a sound process.

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eDiscovery Blog Throwback Thursdays – How things evolved, Part 2

October 02, 2014

By Jane Gennarelli

So far in this blog series, we’ve taken a look at the ‘litigation support culture’ circa 1980, and we’ve covered how databases were built and used. We’ve come a long way since then, and in last week’s blog, we started discussing how things have evolved, beginning with a discussion of the use of microfilm and microfiche to store document collections. As most of you know, the next step in the evolution process was a move to storing documents as images.

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The Files are Already Electronic, How Hard Can They Be to Load? - Best of eDiscovery Daily

October 01, 2014

By Doug Austin

Since hard copy discovery became electronic discovery, I’ve worked with a number of clients who expect that working with electronic files in a review tool is simply a matter of loading the files and getting started. Unfortunately, it’s not that simple!

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When Preparing Production Sets, Quality is Job 1 - Best of eDiscovery Daily

September 30, 2014

By Doug Austin

Yesterday, we talked about addressing parameters of production up front to ensure that those requirements make sense and avoid foreseeable production problems well before the production step. Today, we will talk about quality control (QC) mechanisms to make sure that the production is complete and accurate. There are a number of checks that can and should be performed on the production set, prior to producing it to the requesting party. Here are some examples.

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Production is the "Ringo" of the eDiscovery Phases - Best of eDiscovery Daily

September 29, 2014

By Doug Austin

Most of the “press” associated with eDiscovery ranges from the “left side of the EDRM model” (i.e., Information Management, Identification, Preservation, Collection) through the stages to prepare materials for production (i.e., Processing, Review and Analysis). All of those phases lead to one inevitable stage in eDiscovery: Production. Yet, few people talk about the actual production step. If Preservation, Collection and Review are the “John”, “Paul” and “George” of the eDiscovery process, Production is “Ringo”.

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Proximity, Not Absence, Makes the Heart Grow Fonder - Best of eDiscovery Daily

September 26, 2014

By Doug Austin

Recently, I assisted a large corporate client where there were several searches conducted across the company’s enterprise-wide document management systems (DMS) for ESI potentially responsive to the litigation. Some of the individual searches on these systems retrieved over 200,000 files by themselves! Here is how we made those searches more precise.

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eDiscovery Throwback Thursdays – How Things Evolved

September 25, 2014

By Doug Austin

So far in this blog series, we’ve taken a look at the ‘litigation support culture’ circa 1980, and we’ve covered how databases were built and used. We’ve come a long way since then, and in the next posts I’m going to talk a bit about how things evolved. One of the first big changes in how we worked was the use of microfilm.

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Does Size Matter? – Best of eDiscovery Daily

September 24, 2014

By Doug Austin

I frequently get asked how big does an ESI collection need to be to benefit from eDiscovery technology. In a recent case with one of my clients, the client had a fairly small collection – only about 4 GB. But, when a judge ruled that they had to start conducting depositions in a week, they needed to review that data in a weekend. But, if you’re not facing a tight deadline, how large does your collection need to be for the use of eDiscovery technology to provide benefits?

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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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