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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, 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 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.
March 20, 2013
In last week’s post, we covered the process by which testimony is given at trial, and how objections are made and ruled on. There are two other aspects of testimony that we’ll cover here, hearsay and leading questions.
Read moreMarch 19, 2013
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.
Read moreMarch 18, 2013
In EEOC v. JP Morgan Chase Bank, District Judge Gregory L. Frost granted the EEOC’s motion for sanctions for spoliation of data, entitling the plaintiff to “a permissive adverse jury instruction related to the spoliation if this litigation proceeds to a jury trial”, and denied the defendant’s motion for summary judgment.
Read moreMarch 15, 2013
In Apple Inc. v. Samsung Elecs. Co., District Judge Lucy Koh reduced the amount of the previous jury award against Samsung in its ongoing intellectual property case from nearly $1.05 billion to over $598 million, due to ordering a new trial on damages for several Samsung products that amounted to over $450 million being stricken from the jury’s award.
Read moreMarch 14, 2013
As noted previously in this blog, the Equal Employment Opportunity Commission (EEOC) was ordered to turn over social media information related to a class action case alleging sexual harassment and retaliation. Apparently, they were less than cooperative in complying with that order. In EEOC v. Original Honeybaked Ham Co. of Georgia, Colorado Magistrate Judge Michael E. Hegarty sanctioned the EEOC for failing to provide discovery of social media content.
Read moreMarch 13, 2013
In last week’s post we covered the different types of witnesses that can be called upon to testify at trial. Regardless of what type of witness is brought to the stand, the process for testifying is the same. Here are the steps.
Read moreMarch 12, 2013
In Branhaven, LLC v. Beeftek, Inc., Maryland Magistrate Judge Susan K. Gauvey sanctioned plaintiff’s attorneys for wrongfully certifying the completeness of their eDiscovery production and also ruled that defendants “demonstrated that without Bates stamping and .tiff format", the plaintiff's production "was not reasonably usable and therefore was insufficient under Rule 34”.
Read moreMarch 11, 2013
During my interviews with various thought leaders, we discussed various aspects of predictive coding and some of the perceived myths that exist regarding predictive coding and what it means to the review process. I thought it would be a good idea to recap some of those myths and how they compare to the “reality” (at least as some of us see it). Or maybe just me. :-)
Read moreMarch 08, 2013
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.
Read moreMarch 07, 2013
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.
Read moreMarch 06, 2013
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.
Read moreMarch 05, 2013
After each side makes an opening statement, the main part of the trial begins -- each side presents its side of the case to the jury and/or the judge. The plaintiff goes first, followed by the defendant. Witness testimony is a form of evidence that is usually very significant in most trials. There are a few types of witnesses that might testify in a trial.
Read moreMarch 04, 2013
Today’s thought leader is Ralph Losey. Ralph is an attorney in private practice with the law firm of Jackson Lewis, LLP, where he is a Partner and the firm's National e-Discovery Counsel. Ralph is also an Adjunct Professor at the University of Florida College of Law teaching eDiscovery and advanced eDiscovery. Ralph is also a prolific author of eDiscovery books and articles, the principal author and publisher of the popular e-Discovery Team® Blog, founder and owner of an intensive online training program, e-Discovery Team Training, with attorney and technical students all over the world and founder of the new Electronic Discovery Best Practices (EDBP) lawyer-centric work flow model.
Read moreMarch 01, 2013
Today’s thought leader is Ralph Losey. Ralph is an attorney in private practice with the law firm of Jackson Lewis, LLP, where he is a Partner and the firm's National e-Discovery Counsel. Ralph is also an Adjunct Professor at the University of Florida College of Law teaching eDiscovery and advanced eDiscovery. Ralph is also a prolific author of eDiscovery books and articles, the principal author and publisher of the popular e-Discovery Team® Blog, founder and owner of an intensive online training program, e-Discovery Team Training, with attorney and technical students all over the world and founder of the new Electronic Discovery Best Practices (EDBP) lawyer-centric work flow model.
Read moreFebruary 28, 2013
Today’s thought leader is Nigel Murray. Nigel is Managing Director at Huron Legal. Nigel has been at the forefront of the litigation support and e-Disclosure industry in the UK since 1991. He managed the first e-disclosure project to go before a U.K. court in the early 2000s and has since advised and worked with many clients in the U.K., mainland Europe and the Middle East in a range of industry sectors. Prior to joining Huron, Nigel was the founder and managing director of TRILANTIC, the first U.K.-based e-disclosure company, and a litigation support manager in a major international law firm. Nigel has been a speaker at engagements throughout the U.S., Europe and the Middle East, and he has published multiple articles.
Read moreFebruary 27, 2013
The trial starts with opening statements by each party. The plaintiff – which is the party with the burden of proof – goes first. After the plaintiff makes its opening statement, the defendant makes its opening statement. In some courts, the defendant can choose to wait until the plaintiff has presented its case before making its opening statement. And, either party can choose not to present an opening statement at all (that, however, rarely happens). In most cases, both sides present their opening statements before either side presents its case.
Read moreFebruary 26, 2013
In Gabriel Technologies Corp. v. Qualcomm Inc., District Judge Anthony J. Battaglia awarded the defendant over $12.4 million in attorneys’ fees to be paid by the losing plaintiff in the case. The amount included over $2.8 million for “computer-assisted, algorithm-driven document review” and nearly $392,000 for contract attorneys to review documents identified by the algorithm as responsive.
Read moreFebruary 25, 2013
Today’s thought leader is George Socha. A litigator for 16 years, George is President of Socha Consulting LLC, offering services as an electronic discovery expert witness, special master and advisor to corporations, law firms and their clients, and legal vertical market software and service providers in the areas of electronic discovery and automated litigation support. George has also been co-author of the leading survey on the electronic discovery market, The Socha-Gelbmann Electronic Discovery Survey; in 2011, he and Tom Gelbmann converted the Survey into Apersee, an online system for selecting eDiscovery providers and their offerings. In 2005, he and Tom Gelbmann launched the Electronic Discovery Reference Model project to establish standards within the eDiscovery industry – today, the EDRM model has become a standard in the industry for the eDiscovery life cycle and there are nine active projects with over 300 members from 81 participating organizations. George has a J.D. for Cornell Law School and a B.A. from the University of Wisconsin – Madison.
Read moreFebruary 22, 2013
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).
Read moreFebruary 21, 2013
Today’s thought leader is Laura Zubulake. Laura worked on Wall Street for 20 years in institutional equity departments and, in 1991, authored the book The Complete Guide to Convertible Securities Worldwide. She was the plaintiff in the Zubulake vs. UBS Warburg case, which resulted in several landmark opinions related to eDiscovery and counsel’s obligations for the preservation of electronically stored information. The December 2006 amendments to the Federal Rules of Civil Procedure were influenced, in part, by the Zubulake case. Last year, Laura published a book titled Zubulake's e-Discovery: The Untold Story of my Quest for Justice, previously discussed on this blog and she speaks professionally about eDiscovery topics and her experiences related to the case.
Read moreFebruary 20, 2013
After discovery ends, if a case hasn’t settled, it goes to trial. The court determines whether the parties have the right to a trial by jury, or if the proceeding will be a bench trial. In both cases, a judge or magistrate presides. In a jury trial, the jury makes decisions on questions of fact (for example, what facts it believes, what witnesses it believes, who is liable or guilty, and so on) and makes a judgment. The judge makes decisions on legal questions and what law applies. The Federal Rules of Civil Procedure and state rules have provisions for when the parties in a lawsuit have a right to a trial by jury. In practice, in most trials in the US (both civil and criminal), the parties have a right to a trial by jury. And, in most cases, the jury consists of 12 jurors.
Read moreFebruary 19, 2013
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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CloudNine Discovery provides specialized national litigation support services focusing on technology in electronic discovery, computer forensics document imaging and online document review. Our nationwide litigation services company has offices in Houston, Texas.
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Disclaimer: The views represented herein are exclusively the views of the author, and in no way indicative of the views held by CloudNine Discovery. No representation is made as to whether the information provided is the most current available. This blog/Web site is made available by the contributors solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. The blog/Web site should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.
