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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.

Industry Trends

"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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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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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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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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Most Big Companies Have a Big Data Program, But They’re Not Crazy about the Term "Big Data" - eDiscovery Trends

November 05, 2014

By Doug Austin

Yesterday, we discussed some amazing facts about just how “BIG” that Big Data has gotten to be. Today, let’s look at what BIG companies are doing about BIG data.

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Just How "BIG" is Big Data Getting? Check Out These Facts - eDiscovery Trends

November 04, 2014

By Doug Austin

If you work with information as an attorney, paralegal, litigation support professional or information technology (IT) professional, you have probably heard the term “big data” at an ever increasing rate. But, just how BIG is big data getting? Check out these facts.

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Be Afraid, Be Very Afraid - eDiscovery Horrors!

October 31, 2014

By Doug Austin

Today is Halloween. Every year at this time, because (after all) we’re an eDiscovery blog, we try to “scare” you with tales of eDiscovery horrors. This is our fifth year of doing so, let’s see how we do this year. Be afraid, be very afraid!

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eDiscovery in Arbitration Has Become Less...Arbitrary - eDiscovery Trends

October 30, 2014

By Doug Austin

When you think of eDiscovery, you typically think of it as it relates to litigation – two sides of a case requesting and producing electronically stored information (ESI) as one means of identifying evidence designed to lead to resolution of a lawsuit. But litigation is just one method for dispute resolution. Another method is arbitration. But, do arbitrators really “get” eDiscovery? Let's see.

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"The Decade of Discovery" On Tour - eDiscovery Trends

October 28, 2014

By Doug Austin

A few months ago, we told you about an intriguing documentary about eDiscovery that premiered in the New York area. Now, that documentary is making the rounds and may be coming to a theatre near you.

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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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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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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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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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eDiscovery Daily is Four Years Old!

September 22, 2014

By Doug Austin

Believe it or not, it has been four years ago this past Saturday since we launched the eDiscovery Daily blog! Now is your chance to catch up on some posts that you may have missed!

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eDiscovery Throwback Thursdays – How Databases Were Used, Circa Early 1980s, Part 5

September 18, 2014

By Jane Gennarelli

So far in this blog series, we’ve taken a look at the ‘litigation support culture’ in the late 1970’s and early 1980’s, we’ve covered how databases were built, and we started discussing how databases were used. We’re going to continue that in this post by discussing the workflow for searching and selecting documents for review.

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New Survey Shows eDiscovery Workload, Predictive Coding Use Increasing - eDiscovery Trends

September 12, 2014

By Doug Austin

eDiscovery workload, the use of predictive coding and projected rate of adoption of technically assisted review are all up significantly, according to a new report by recruiting and staffing firm The Cowen Group.

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eDiscovery Throwback Thursdays – How Databases Were Used, Circa Early 1980s, Part 4

September 11, 2014

By Jane Gennarelli

So far in this blog series, we’ve taken a look at the ‘litigation support culture’ in the late 1970’s and early 1980’s, and we’ve covered how a database was built. We’re going to move on to discuss how those databases were used. The picture above is of a Texas Instruments Silent 700 terminal – which was the standard for use by litigators. This photo was taken at the Texas State Historical Museum.

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