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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.

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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Improving your eDiscovery Vocabulary is as Easy as 123 - eDiscovery Best Practices

August 08, 2014

By Doug Austin

Want to be better equipped to speak the “lingo” of eDiscovery and understand what you’re saying? Here’s a glossary that can help.

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eDiscovery Throwback Thursdays – The Way We Worked, circa 1980

August 07, 2014

By Jane Gennarelli

In the late 1970s and early 1980s, the business world looked very different than it does today, and the field of litigation support looked very different than it does today. Let me paint a picture for you…

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eDiscovery Professional Profile: Do you know Cheryl Garner?

August 06, 2014

By Jane Gennarelli

Cheryl Garner is the Practice Support Manager at Manning & Kass, Ellrod, Ramirez, Trester LLP – a 150 attorney law firm with six offices in the U.S. Cheryl is located in the firm’s main office in Los Angeles, but has firm-wide responsibility. She joined the firm in December 2012, after a long and diverse career in the legal field.

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August Case Law Pop Quiz Answers! - eDiscovery Case Law

August 05, 2014

By Doug Austin

Yesterday, we gave you a pop quiz for the eDiscovery case law that we’ve covered in the past three months. If you’re reading the blog each day, these questions should be easy! Let's see how you did. Here are the answers.

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August Case Law Pop Quiz! - eDiscovery Case Law

August 04, 2014

By Doug Austin

We haven’t conducted a pop quiz in a while, so the “dog days” of summer seems like a good time for it. This one is customized to the eDiscovery case law that we’ve covered the past three months. If you’re reading the blog each day, these questions should be easy! If not, we’ve provided a link to the post with the answer. We’re that nice. Test your knowledge! Tomorrow, we’ll post the answers for those who don’t know and didn’t look them up.

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Are Law Firms at an eDiscovery "Watershed"? - eDiscovery Trends

August 01, 2014

By Doug Austin

As reported by Sean Doherty of Law Technology News (Survey: Law Firms Are at E-Discovery 'Watershed'), according to a survey released on July 22, sponsored by RVM Enterprises Inc. and conducted by Ari Kaplan Advisors, law firms are at a “watershed” moment when it comes to creating efficient eDiscovery models for supporting their corporate clients.

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eDiscovery Throwback Thursdays - Collecting Documents

July 31, 2014

By Jane Gennarelli

In 1978, I took my first job in litigation, with the law department of a Fortune 100 corporation headquartered in New York City. I was one of a team assembled to collect responsive documents to be produced in a major antitrust litigation. The documents were located in the corporation’s office and warehouse facilities around the country. While the process of collecting documents varied from case to case, this project was representative of the general approach to collecting documents in large-scale litigation. Let me describe how it worked.

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Texas Supreme Court Reverses Spoliation Ruling, Remands Case for New Trial - eDiscovery Case Law

July 30, 2014

By Doug Austin

In Brookshire Bros., Ltd. v. Aldridge, the Supreme Court of Texas determined “that imposition of the severe sanction of a spoliation instruction was an abuse of discretion” in the trial court, reversed the court of appeals' judgment and remanded the case for a new trial.

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Failure to Preserve Cloud-Based Data Results in Severe Sanction for Defendant - eDiscovery Case Law

July 29, 2014

By Doug Austin

In Brown v. Tellermate Holdings, Magistrate Judge Terence Kemp granted plaintiffs’ motion for judgment and motion to strike, ruling that the defendant could not “present or rely upon evidence that it terminated the Browns' employment for performance-related reasons” and enabling the plaintiffs to use documents produced by the defendant “designated as attorneys'-eyes-only” to be used by the plaintiffs “without restriction”, due to the defendant’s failure to preserve or produce data from their Salesforce.com database.

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Here is a "Mashup" of eDiscovery Market Estimates - eDiscovery Trends

July 28, 2014

By Doug Austin

Last Friday, we profiled one eDiscovery market estimate that predicts that the eDiscovery market will reach $15.65 billion by 2020. Now, here’s a “mashup” of other estimates, courtesy of Rob Robinson.

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eDiscovery Market Predicted to Reach $15.65 Billion by 2020 - eDiscovery Trends

July 25, 2014

By Doug Austin

Is the eDiscovery industry still growing? According to one research firm, the answer is a resounding yes.

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eDiscovery Throwback Thursdays - Circa 1978, We Lived in a World of Paper

July 24, 2014

By Jane Gennarelli

Back before desktops, laptops and tablets, the business world meant paper. Lots of paper. And that meant that litigation preparation activities revolved around paper. Here's how the phases of discovery were handled, prior to the early 1980s.

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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 Denies Sanctions for Deletion of "Smoking Gun" Email, Grants Defendants' Motion for Summary Judgment - eDiscovery Case Law

July 21, 2014

By Doug Austin

In the case In re Text Messaging Antitrust Litig., Illinois District Judge Matthew F. Kennelly not only denied the plaintiffs’ request for an adverse inference sanction against the defendants for destroying emails, but also granted the defendants’ motion for summary judgment, as the plaintiffs failed to provide any supporting circumstantial evidence to meet their burden of proof.

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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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eDiscovery History: Welcome to Throw-back Thursdays!

July 17, 2014

By Jane Gennarelli

I was recently teaching a project management class at a large law firm, and a student mentioned that he was working on a case that involved a very old document collection, some of which only existed on microfiche. He asked me for advice on managing the conversion of those documents and incorporating them into his bigger-picture project.

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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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