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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.

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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How Much Will it Cost? - eDiscovery Best Practices

September 09, 2014

By Doug Austin

By far, the most important (and, therefore, the most asked) question asked of eDiscovery providers is “How much will it cost?”. Actually, you should be asking a few questions to get that answer – if they are the right questions, you can actually get the answer you seek.

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Though it was "Switching Horses in Midstream", Court Approves Plaintiff's Predictive Coding Plan - eDiscovery Case Law

September 08, 2014

By Doug Austin

In Bridgestone Americas Inc. v. Int'l Bus. Mach. Corp., Tennessee Magistrate Judge Joe B. Brown, acknowledging that he was “allowing Plaintiff to switch horses in midstream”, nonetheless ruled that that the plaintiff could use predictive coding to search documents for discovery, even though keyword search had already been performed.

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An Insufficient Password Will Leave You Exposed - eDiscovery Best Practices

September 05, 2014

By Doug Austin

As a cloud software provider, we at CloudNine Discovery place a premium on the security of our clients’ data. However, no matter how secure a system is, whether it’s local to your office or stored in the “cloud”, an insufficient password that can be easily guessed can allow hackers to get in and steal your data.

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eDiscovery Throwback Thursdays – How Databases Were Built, Circa Early 1980s, Part 3

September 04, 2014

By Jane Gennarelli

In the last couple of Throwback Thursday posts we covered the first stages in a database-building project (circa 1980), including designing and planning a database, preparing for a project, establishing an archive, coding and qc, and production status record keeping. The next steps are described here.

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Our 1,000th Post! – eDiscovery Milestones

September 03, 2014

By Doug Austin

When we launched nearly four years ago on September 20, 2010, our goal was to be a daily resource for eDiscovery news and analysis. Now, after doing so each business day, I’m happy to announce that today is our 1,000th post on eDiscovery Daily! Check out what we've covered over 1,000 posts!

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Court Refuses to Ban Samsung from Selling Products Found to Have Infringed on Apple Products - eDiscovery Case Law

September 02, 2014

By Doug Austin

Apple may have won several battles with Samsung, including ultimately being awarded over $1 billion in verdicts, as well as a $2 million sanction for the inadvertent disclosure of its outside counsel firm (Quinn Emanuel Urquhart & Sullivan LLP) commonly known as “patentgate”. But, Samsung has may have won the war with the court’s refusal to ban Samsung from selling products that were found to have infringed on Apple products.

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Court Sides with Defendant in Dispute over Predictive Coding that Plaintiff Requested - eDiscovery Case Law

August 29, 2014

By Doug Austin

In the case In re Bridgepoint Educ., Inc., Securities Litigation, California Magistrate Judge Jill L. Burkhardt ruled that expanding the scope of discovery by nine months was unduly burdensome, despite the plaintiff’s request for the defendant to use predictive coding to fulfill its discovery obligation and also approved the defendants' method of using search terms to identify responsive documents for the already reviewed three individual defendants, directing the parties to meet and confer regarding the additional search terms the plaintiffs requested.

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eDiscovery Blog Throwback Thursdays – How Databases Were Built, Circa Early 1980s, Part 2

August 28, 2014

By Jane Gennarelli

The Throwback Thursday blog two weeks ago included discussion of the first stages in a database-building project (circa 1980), including designing and planning a database, and preparing for a project. The next steps are described here.

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When Reviewing and Producing Documents, Don't Forget the "Mother and Child Reunion" - eDiscovery Best Practices

August 27, 2014

By Doug Austin

I love Paul Simon’s music. One of my favorite songs of his is Mother and Child Reunion. Of course, I’m such an eDiscovery nerd that every time I think of that song, I think of keeping email and attachment families together. If you don’t remember the Mother and Child Reunion, you might provide an incomplete production to opposing counsel.

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Browning Marean: 1942 - 2014

August 26, 2014

By Doug Austin

Browning Marean passed away this past Friday (August 22) at the age of 71 from complications after a several months battle with esophageal cancer. As described in several wonderful tributes that I read today, his death was not only a huge loss to the eDiscovery and legal technology community, but to any individuals that had the opportunity to know him and work with him. Here are links to those tributes, I encourage you to take some time out today and get to know him through the eyes of others like I did today.

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Circuit Court Affirms Denial of Sanctions Over Spoliation by Defendant - eDiscovery Case Law

August 25, 2014

By Doug Austin

In Automated Solutions Corp. v. Paragon Data Sys., Inc., the Sixth Circuit court affirmed the holdings of the district court, rejecting the plaintiff’s arguments that the district court abused its discretion by denying plaintiff’s motion for spoliation sanctions due to defendant’s failure to preserve information on a hard drive and server. The circuit court also affirmed the ruling by both the magistrate and district judge that the defendant’s back-up tapes were not subject to the duty to preserve.

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It’s Friday at 5 and I Need Data Processed to Review this Weekend - eDiscovery Humor

August 22, 2014

By Doug Austin

We’ve referenced Ralph Losey’s excellent e-Discovery Team® blog several times before on this blog – it’s a great read and you won’t find a blog that gets more in depth than his does (he has also been gracious enough to participate in our thought leader interview series for the last three years). And, as Ralph has demonstrated before, he has a sense of humor when it comes to electronic discovery.

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Thursday's ILTA Sessions - eDiscovery Trends

August 21, 2014

By Doug Austin

As noted Monday, Tuesday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2014 is happening this week and eDiscoveryDaily will be reporting this week about the latest eDiscovery trends being discussed at the show. This is the last day to check out the show if you’re in the Nashville area with a number of sessions still available and over 190(!) exhibitors providing information on their products and services.

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Wednesday’s ILTA Sessions - eDiscovery Trends

August 20, 2014

By Doug Austin

As noted Monday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2014 is happening this week and eDiscoveryDaily will be reporting this week about the latest eDiscovery trends being discussed at the show. There’s still time to check out the show if you’re in the Nashville area with a number of sessions available and over 190(!) exhibitors providing information on their products and services.

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Tuesday’s ILTA Sessions - eDiscovery Trends

August 19, 2014

By Doug Austin

As noted yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2014 is happening this week and eDiscoveryDaily will be reporting this week about the latest eDiscovery trends being discussed at the show. There’s still time to check out the show if you’re in the Nashville area with a number of sessions available and over 190(!) exhibitors providing information on their products and services.

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eDiscovery Trends: Welcome to ILTA 2014!

August 18, 2014

By Doug Austin

The International Legal Technology Association (ILTA) annual educational conference of 2014 kicked off yesterday with several networking events, and begins in earnest today with the first day of sessions. eDiscoveryDaily will be reporting this week about the latest eDiscovery trends being discussed at the show. Over the next four days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered.

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Nearly Two Thirds of ILTA Attendees are from Large Firms - eDiscovery Trends

August 15, 2014

By Doug Austin

One of the biggest legal technology shows of the year, the International Legal Technology Association (ILTA) annual educational conference for 2014 will take place next week at the Gaylord Opryland in Nashville (August 17 thru August 21). eDiscoveryDaily will be reporting next week about the latest eDiscovery trends being discussed at the show. According to InsideLegal.com, almost two thirds of the firm attendees will come from firms with more than 200 attorneys.

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eDiscovery Blog Throwback Thursdays – How Databases Were Built, Circa Early 1980s, Part 1

August 14, 2014

By Jane Gennarelli

In the late 1970s and early 1980s, very few law firms had internal litigation support resources: firms did not have litigation support staff or technology. Up until 1985, most litigation teams relied on vendor services and tools, and more often than not litigation team attorneys were directly involved in working with vendors to design and build databases. In the next few blog posts, I’m going to describe a typical project and how things worked back in the early 1980s.

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Other Production Parameters from a Provider’s Point of View - eDiscovery Best Practices

August 13, 2014

By Doug Austin

Yesterday, we began to discuss some of the production parameters that CloudNine Discovery collects from our clients in order to ensure that the production includes the correct documents in the required format. But, wait – there’s more! Let’s take a look at some other examples of information we collect from our clients.

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Production from a Provider’s Point of View - eDiscovery Best Practices

August 12, 2014

By Doug Austin

We sometimes forget that the end goal of the discovery process is production: to produce responsive electronically stored information (ESI) to opposing counsel. But, do you realize how many parameters and potential permutations there can be to the production process? Let’s take a look.

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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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