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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 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 moreFebruary 12, 2013
In Optiver Australia Pty. Ltd. & Anor. v. Tibra Trading Pty. Ltd. & Ors., California Magistrate Judge Paul S. Grewal granted much of the defendant’s motion to quash subpoena of Google for electronic communications sent or received by certain Gmail accounts allegedly used by employees of the defendant because most of the request violated the terms of the Stored Communications Act.
Read moreFebruary 08, 2013
In Peerless Indus., Inc. v. Crimson AV, LLC, Illinois Magistrate Judge Susan E. Cox sanctioned the defendant for a “hands off approach” to discovery by relying on a vendor for conducting the discovery from a closely related non-party to the suit.
Read moreSeptember 26, 2012
When it’s Apple v. Samsung, of course! According to the Huffington Post, Apple Inc. requested a court order for a permanent U.S. sales ban on Samsung Electronics products found to have violated its patents along with additional damages of $707 million on top of the $1.05 billion dollar verdict won by Apple last month, already one of the largest intellectual-property awards on record.
Read moreAugust 27, 2012
A jury of nine on Friday found that Samsung infringed all but one of the seven patents at issue in a high-stakes court battle between Apple Inc. and Samsung Electronics Co. The patent that they determined hadn’t infringed was a patent covering the physical design of the iPad. The jurors found all seven of Apple's patents valid—despite Samsung's attempts to have them thrown out. They also determined that Apple didn't violate any of the five patents Samsung asserted in the case.
Read moreAugust 09, 2012
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.
Read moreMay 23, 2012
As noted yesterday, LegalTech West Coast 2012 (LTWC) is happening this week and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. There’s still time to check out the show if you’re in the Los Angeles area with a number of sessions (both paid and free) available and 69 exhibitors providing information on their products and services, including (shameless plug warning!) my company, CloudNine Discovery, which just announced yesterday release of Version 11 of our linear review application, OnDemand®, and will be exhibiting at booth #216 along with our partners, First Digital Solutions. Come by and say hi!
Read moreMarch 21, 2012
Eighteen months ago yesterday, eDiscovery Daily was launched. A lot has happened in the industry in eighteen months. We thought we might be crazy to commit to a daily blog each business day. We may be crazy indeed, but we still haven’t missed a business day yet. As we’ve done in the past, we like to take a look back every six months at some of the important stories and topics during that time. So, here are some posts over the last six months you may have missed. Enjoy!
Read moreJanuary 13, 2012
One of our eDiscovery predictions for 2012 was that there would be a continued focus on International eDiscovery. Multinational companies with operations in the United States are often subject both to the US civil procedure discovery rules as well as the privacy laws of the European Union and other countries where they operate. Trying to comply with both sets of rules and laws can be difficult when those rules and laws conflict. To attempt to address those conflicts, Working Group 6 of The Sedona Conference (TSC) has drafted the 2011 Public Comment Version of The Sedona Conference® International Principles on Discovery, Disclosure and Data Protection (“International Principles”).
Read moreJanuary 12, 2012
Yesterday, we evaluated what others are saying and noted popular eDiscovery prediction trends for the coming year. It’s interesting to identify common trends among the prognosticators and also the unique predictions as well. But we promised our own predictions for today, so here they are. One of the nice things about writing and editing a daily eDiscovery blog is that it forces you to stay abreast of what’s going on in the industry. Based on the numerous stories we’ve read (many of which we’ve also written about), and in David Letterman “Top 10” fashion, here are our eDiscovery predictions for 2012.
Read moreJanuary 11, 2012
With a nod to Nick Bakay, “It's all so simple when you break things down scientifically.” The late December/early January time frame is always when various people in eDiscovery make their annual predictions as to what trends to expect in the coming year. I know what you’re thinking – “oh no, not another set of eDiscovery predictions!” However, at eDiscovery Daily, we do things a little bit differently. We like to take a look at other predictions and see if we can spot some common trends. Ten sets of predictions in all! Here are the trends.
Read moreJanuary 03, 2012
If 2012 is like recent years, there should be plenty of interesting developments in the eDiscovery industry. However, before we look ahead to the coming year, it’s worthwhile to look back at what transpired in 2011 to see what trends began to emerge last year. And, there is no better way to do that than to review key cases during the year. eDiscovery Daily has published 65 posts related to eDiscovery case decisions and activities over the past year, covering 50 unique cases! We grouped those cases into common subject themes and will review them over the next few posts. Perhaps you missed some of these? Now is your chance to catch up!
Read moreOctober 14, 2011
An October 3 decision by the Ninth Circuit Court of Appeals offers new clarity in defining and protecting the eDiscovery rights of non-U.S. nationals using U.S. services online, by ruling that emails stored on servers located within the U.S. are protected by national laws on ESI.
Read moreSeptember 14, 2011
Many of you have likely attended at least one LegalTech trade show at some point. LegalTech New York (LTNY) happens every year in the late January/early February time frame and there is also a LegalTech West Coast (LTWC) show later in the year (this year it was in mid-May). LTNY and LTWC usually have several good sessions, as well as the latest product and service offerings from exhibitors. But, what if you can’t make it to one of these shows? You can still stay abreast of the latest trends -- virtually.
Read moreAugust 09, 2011
A Southern District of New York United States Bankruptcy Court denied access to a debtor's emails on July 22, in a foreign request involving international eDiscovery. In re Toft, No. 11-11049 (ALG), 2011 WL 3023544 (Bankr. S.D.N.Y. July 22, 2011), the U.S. Bankruptcy Court determined that to permit a relief request from a German insolvency administrator would directly contravene the "fundamental principles" of U.S. public policy by undermining the right to privacy in electronic communications and the right of parties involved in any court order to receive notice of such proceedings and of their involvement.
Read moreAugust 04, 2011
As reported on Law Technology News recently, a subcommittee of the Judicial Conference of the United States is preparing to make recommendations about the possibility of changes to the Federal Rules of Civil Procedure that would improve eDiscovery procedures and rules in the United States, and affect how eDiscovery is conducted abroad.
Read moreJuly 26, 2011
According to The Independent, staff at Rupert Murdoch’s newspapers has been warned to stop deleting any documents that may be relevant to the current investigations, as a suspension of its usual policy about deletion of documents goes into effect. Over the course of the 2011 investigation into illegal voicemail hacking by News International employees, there has been contention over the ongoing deletion of documents at the newspaper and its subsidiaries. But only during this past weekend did News International's parent company, News Corp, finally send an email to all of its employees instructing them to take measures preventing the deletion of documents that might be related to the investigation, including emails and other ESI.
Read moreJuly 21, 2011
Over the past few weeks, we've discovered several challenges associated with international eDiscovery. In the course of pursuing discovery requests in foreign nations, US lawyers also often run into another serious legal snag: blocking statutes. These statutes prevent certain types of information from leaving the country where it originates, and can interfere with discovery of evidence in a number of ways.
Read moreJuly 14, 2011
US lawsuits are very public, involving discovery and other public disclosures that go against the cultural traditions and laws of many nations in other parts of the world. In the European Union (EU), for instance, many countries have privacy protection laws that forbid the disclosure of "personal information" – and the definition of personal information here can mean anything from addresses and phone numbers to even the names of individuals if they are used in work reports and business documents.
Read moreJuly 07, 2011
We've discussed international eDiscovery issues and the process that U.S. attorneys have to go through as they request electronic documents and evidence from locations in other countries around the world in a couple of recent posts. But what about the reverse? Section 1782 of Title 28 of the United States Code, widely known as "Section 1782," is a federal statute that allows attorneys outside the U.S. to request discovery in American courts from an American citizen or business.
Read moreJuly 01, 2011
Last week, we talked about several challenges of international eDiscovery, including different laws regarding discovery practices, as well as cultural and privacy issues. This week, we will talk about one of the primary mechanisms for conducting discovery internationally – the Hague Convention.
Read moreJune 23, 2011
Litigation would be simpler if business never crossed international boundaries, but it often does. Global corporations have dozens of offices and thousands of employees scattered around the world, while smaller businesses may outsource call center work or manufacturing to China, India, or other countries that offer inexpensive labor. As a result, eDiscovery can be complicated by international laws and the regulations regarding discovery across national borders.
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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.
