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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 [email protected]

Information Governance

Nigel Murray of Huron Legal – eDiscovery Trends

February 28, 2013

By Doug Austin

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.

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George Socha of Socha Consulting LLC – eDiscovery Trends

February 25, 2013

By Doug Austin

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.

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Laura Zubulake, Author of “Zubulake's e-Discovery” – eDiscovery Trends

February 21, 2013

By Doug Austin

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.

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Tom Gelbmann of Gelbmann & Associates, LLC – eDiscovery Trends

February 15, 2013

By Doug Austin

Today’s thought leader is Tom Gelbmann. Tom is Principal of Gelbmann & Associates, LLC. Since 1993, Gelbmann & Associates, LLC has advised law firms and Corporate Law Departments to realize the full benefit of their investments in Information Technology. Tom has also been co-author of the leading survey on the electronic discovery market, The Socha-Gelbmann Electronic Discovery Survey; in 2011 he and George Socha converted the Survey into Apersee, an online system for selecting eDiscovery providers and their offerings. In 2005, he and George Socha 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.

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Ray Zwiefelhofer of World Software (Worldox) – eDiscovery Trends

February 14, 2013

By Doug Austin

Today’s thought leader is Ray Zwiefelhofer of World Software (Worldox). Ray has over twenty years of experience within the technology and legal services market, offering professional, consulting, technology management and product solutions with an emphasis on working with AMLAW 250 & Fortune 500 organizations. He has founded and served in President/CEO/CIO positions at software startups and as a CTO at a Fortune 500 company. Prior to joining World Software, Ray was the Founder/CEO of nQueue a global cost recovery company where he patented and spearheaded the change from a hardware-based to software-based cost recovery model. Ray has also worked previously at include the Thomas Kinkade Network, Bowne, Imagineer, Equitrac and Diebold.

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Litigation 101 for eDiscovery Tech Professionals: Properly Handling Evidence

January 23, 2013

By Jane Gennarelli

In the last couple of posts in this series we covered the first phases of the Electronic Discovery Reference Model – Information Management, Identification and Preservation – and we focused on these tasks from the perspective of the litigators. The next two phases – Collection and Processing – are technical in nature and typically not handled directly by attorneys (attorneys should, however, be involved in making decisions regarding how this work will be done and in monitoring the status of this work).

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Litigation 101 for eDiscovery Tech Professionals: Information Management: What’s the Big Deal?

January 09, 2013

By Jane Gennarelli

The first Document Production step outlined in the EDRM is Information Management. This step is a little different from the subsequent EDRM steps in that it is broader than litigation. Litigation is just one of the reasons why businesses need to organize documents and information. Businesses need fast and accurate access to information that is required to operate, and regulated businesses are required by law to preserve and maintain certain types of business records. So, Information Management is bigger than litigation. Litigation, however, certainly plays an important part. And attorneys are becoming more and more involved in helping clients organize and get a handle on business records.

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Litigation 101 for eDiscovery Tech Professionals: Document Production: The Process

January 03, 2013

By Jane Gennarelli

In an earlier post in this series, we talked about the vehicles of discovery – that is, the mechanisms by which parties exchange information. One of the mechanisms we discussed is Document Production, which is the exchange of relevant documents between the parties. This step is usually the most time-consuming and expensive part of discovery. In fact, it’s often the most time-consuming and expensive part of a lawsuit. It has always been a significant task, but since eDiscovery has come into the picture, it has grown by magnitudes.

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According to IDC, Big Data is Only Getting Bigger – eDiscovery Trends

December 18, 2012

By Doug Austin

According to the International Data Corporation (IDC), big data is only getting bigger. In the publication IDC iView "Big Data, Bigger Digital Shadows, and Biggest Growth in the Far East," (sponsored by EMC), the “digital universe” is growing even faster than we thought.

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How Are You Handling Defensible Deletion? – eDiscovery Best Practices

December 13, 2012

By Doug Austin

According to the Compliance, Governance and Oversight Council (CGOC), information volume doubles every 18-24 months and 90% of the data in the world has been created in the last two years. So, many organizations are drowning in electronically stored information (ESI) and costs associated with managing that ESI for eDiscovery are continuing to rise. An effective plan for information governance that includes defensible deletion of ESI is an effective way of keeping that ESI from overwhelming your organization. But, what percentage of organizations is defensibly deleting data? A new survey from eDJGroup is attempting to find out.

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ARMA/Forrester Survey: Only One in Eight Records Managers Trusts Their ESI – eDiscovery Trends

November 08, 2012

By Doug Austin

According to the Forrester Research and ARMA International Records Management Online Survey, Q3 2012, only 12 percent of records managers are "very confident" that, if challenged, their organization could demonstrate that their electronically stored information (ESI) is “accurate, accessible, complete and trustworthy”. That's less than one in eight.

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Does This Scare You? – eDiscovery Horrors!

October 31, 2012

By Doug Austin

Today is Halloween. While we could try to “scare” you with the traditional “frights”, we’re an eDiscovery blog, so every year we try to “scare” you in a different way instead. Does this scare you?

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EDRM Announces Several Updates at Mid-Year Meeting – eDiscovery Trends

October 25, 2012

By Doug Austin

Last week, the Electronic Discovery Reference Model (EDRM) conducted its mid-year meeting to enable the working groups to meet and further accomplishments in each of the teams for the year. Having attended several of these meetings in the past, I’ve always found them to usually yield significant progress within the working groups, as well as providing a great opportunity for eDiscovery professionals to get together and talk shop. Based on the results of the meeting, EDRM issued an announcement with updates from several of their more active projects.

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EDRM Announces Version 3 of the IGRM for Information Governance – eDiscovery Trends

October 11, 2012

By Doug Austin

This week, the Electronic Discovery Reference Model (EDRM) Project, through its Information Governance Reference Model (IGRM) Project, announced today the release of version 3.0 of the IGRM. As their press release notes, “The updated model now includes privacy and security as primary functions and stakeholders in the effective governance of information. This release of the IGRM reflects broad industry support and collaboration across the expert communities of ARMA International and CGOC (Compliance, Governance and Oversight Council).”

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eDiscovery Daily is Two Years Old Today!

September 20, 2012

By Doug Austin

It’s hard to believe that it has been two years ago today since we launched the eDiscoveryDaily blog. Now that we’ve hit the “terrible twos”, is the blog going to start going off on rants about various eDiscovery topics, like Will McAvoy in The Newsroom? Maybe. Or maybe not. Wouldn’t that be fun! Here are some highlights from the past six months.

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eDiscovery Milestones: Our 500th Post!

August 30, 2012

By Doug Austin

One thing about being a daily blog is that the posts accumulate more quickly. As a result, I’m happy to announce that today is our 500th post on eDiscoveryDaily! In less than two years of existence! So, what have we covered over the first 499 posts?

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eDiscovery Trends: Charges Against Suspect Dismissed Partially Over Storage of Two Terabytes

August 28, 2012

By Doug Austin

Law Technology News had an interesting article regarding a DEA criminal case written by Ryan J. Foley (Two Terabytes Too Much Evidence for DEA). Let's discuss the scenario.

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eDiscovery Trends: The Growth of eDiscovery is Transparent

August 09, 2012

By Doug Austin

With data in the world doubling every two years or so and the variety of issues that organizations need to address to manage that data from an eDiscovery standpoint, it would probably surprise none of you that the eDiscovery market is growing. But, do you know how quickly the market is growing? One research firm reports their forecast.

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eDiscovery Trends: Interview with Laura Zubulake of Zubulake’s e-Discovery, Part 2

August 07, 2012

By Doug Austin

Last week, we discussed the new book by Laura A. Zubulake, the plaintiff in probably most famous eDiscovery case ever (Zubulake vs. UBS Warburg), entitled Zubulake's e-Discovery: The Untold Story of my Quest for Justice. I also conducted an interview with Laura last week to get her perspective on the book, including her reasons for writing the book seven years after the case ended and what she expects readers to learn from her story. Yesterday was part 1. Here is the second and final part!

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eDiscovery Trends: Interview with Laura Zubulake of Zubulake’s e-Discovery

August 06, 2012

By Doug Austin

Last week, we discussed the new book by Laura A. Zubulake, the plaintiff in probably most famous eDiscovery case ever (Zubulake vs. UBS Warburg), entitled Zubulake's e-Discovery: The Untold Story of my Quest for Justice. I also conducted an interview with Laura last week to get her perspective on the book, including her reasons for writing the book seven years after the case ended and what she expects readers to learn from her story.

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eDiscovery Best Practices: You May Need to Collect from Custodians Who Aren’t There

July 09, 2012

By Doug Austin

A little over a week ago, we talked about how critical the first seven to ten days are in the case once litigation hits. Key activities to get a jump on the case include creating a list of key employees most likely to have documents relevant to the litigation and interviewing those key employees, as well as key department representatives, such as IT for information about retention and destruction policies. These steps are especially important as they may shed light on custodians you might not think about – the ones who aren’t there.

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eDiscovery Best Practices: When Litigation Hits, The First 7 to 10 Days is Critical

June 28, 2012

By Doug Austin

When a case is filed, several activities must be completed within a short period of time (often as soon as the first seven to ten days after filing) to enable you to assess the scope of the case, where the key electronically stored information (ESI) is located and whether to proceed with the case or attempt to settle with opposing counsel. Here are several of the key early activities that can assist in deciding whether to litigate or settle the case.

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