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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.

Evidence

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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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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Privilege Not Waived on Defendant’s Seized Computer that was Purchased by Plaintiff at Auction - eDiscovery Case Law

August 11, 2014

By Doug Austin

In Kyko Global Inc. v. Prithvi Info. Solutions Ltd., Washington Chief District Judge Marsha J. Pechman ruled that the defendants’ did not waive their attorney-client privilege on the computer of one of the defendants purchased by plaintiffs at public auction, denied the defendants’ motion to disqualify the plaintiff’s counsel for purchasing the computer and ordered the plaintiffs to provide defendants with a copy of the hard drive within three days for the defendants to review it for privilege and provide defendants with a privilege log within seven days of the transfer.

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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 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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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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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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LitigationWorld Quick Start Guide to Mastering eDiscovery - eDiscovery Best Practices

January 23, 2014

By Doug Austin

Sometimes, it seems like we’re going too fast when trying to explain eDiscovery to attorneys. At least it seems that there are a lot of attorneys that don’t understand the simplest basics. Now, a brand new guide is hoping to help change that. Earlier this month, TechnoLawyer published LitigationWorld Quick Start Guide to Mastering Ediscovery, written by Tom O’Connor, who is a nationally recognized consultant in legal technology.

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He Sees You When You’re Sleeping -- eDiscovery Trends

December 09, 2013

By Doug Austin

A recent post in the Law Librarians Blog illustrates not only the different ways in which personal data can be captured, but also the continued growth of devices that might contain that data.

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Judge Grimm Shows that Discovery Doesn’t Have to Be…Grim – eDiscovery Best Practices

November 06, 2013

By Doug Austin

On the day this blog debuted, we covered one of the most well-known cases related to discovery abuses (Victor Stanley, Inc. v. Creative Pipe, Inc.), where Maryland District Judge Paul W. Grimm included in his order a provision that the defendant actually be “imprisoned for a period not to exceed two years” if he didn’t pay the plaintiff the attorney's fees and costs to be awarded. Now, Judge Grimm provides a new Discovery Order that sets requirements for attorneys in his court to conduct discovery in a proportional manner.

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eDiscovery Daily is Three Years Old!

September 20, 2013

By Doug Austin

We’ve always been free, now we are three! It’s hard to believe that it has been three years ago today since we launched the eDiscoveryDaily blog. We’re past the “terrible twos” and heading towards pre-school. Before you know it, we’ll be ready to take our driver’s test! Here are some posts over the last six months you may have missed.

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Court Awards Sanctions, But Declines to Order Defendants to Retain an eDiscovery Vendor – Yet – eDiscovery Case Law

September 17, 2013

By Doug Austin

In Logtale, Ltd. v. IKOR, Inc., California Magistrate Judge Donna M. Ryu granted the plaintiff’s motion to compel responses to discovery and awarded partial attorney’s fees as a result of defendants’ conduct. The judge did not grant the plaintiff’s request to order Defendants to retain an eDiscovery vendor to conduct a thorough and adequate search for responsive electronic documents, but did note that the court would do so “if there are continuing problems with their document productions”.

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Scheindlin Reverses Magistrate Judge Ruling, Orders Sanction for Spoliation of Data – eDiscovery Case Law

August 27, 2013

By Doug Austin

If you’re hoping to get away with failing to preserve data in eDiscovery, you might want to think again if your case appears in the docket for the Southern District of New York with Judge Shira Scheindlin presiding.

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Permissive Adverse Inference Instruction Upheld on Appeal – eDiscovery Case Law

August 23, 2013

By Doug Austin

In Mali v. Federal Insurance Co., the Second Circuit explained the distinctions between two types of adverse inference instructions: a sanction for misconduct versus an explanatory instruction that details the jury’s fact-finding abilities. Because the lower court opted to give a permissive adverse inference instruction, which is not a punishment, the court did not err by not requiring the defendant to show that the plaintiffs acted with a culpable state of mind.

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Default Judgment Sanction Upheld on Appeal – eDiscovery Case Law

August 15, 2013

By Doug Austin

In Stooksbury v. Ross, the Sixth Circuit upheld the entry of default judgment as a sanction against defendants that repeatedly failed to comply with discovery obligations, including producing a “document dump” of tens of thousands of pages of nonresponsive information that prejudiced the plaintiffs.

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Plaintiff Needs More Than “Mere Hope” to Discover Defendant’s Personal Info – eDiscovery Case Law

August 07, 2013

By Doug Austin

In Salvato v. Miley, a wrongful death action, Florida Magistrate Judge Philip R. Lammens denied the plaintiff’s motion to compel the defendant’s responses to discovery requests “based on Plaintiff's very limited showing as to the relevance of the requested discovery and the broadly drafted discovery requests”.

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Court Compels Discovery of Plaintiff’s Facebook Posts as Relevant – eDiscovery Case Law

July 30, 2013

By Doug Austin

In Moore v. Miller, Colorado Senior District Judge John L. Kane ruled (over the plaintiff’s privacy objections) that the plaintiff’s Facebook posts and activity log must be produced because they related to his claims of physical injury and emotional distress and because the plaintiff put his posts directly at issue by discussing the incident giving rise to the lawsuit online.

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