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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.

Cloud Security Fears Diminish With Experience - eDiscovery Trends

April 08, 2014

By Doug Austin

One of the more common trends identified by thought leaders in our recently concluded thought leader series was the continued emergence of the cloud as a viable solution to manage corporate big data. One reason for that appears to be greater acceptance of cloud security. Now, there’s a survey that seems to confirm that trend.

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Definition of “Electronic Storage” Considered in Invasion of Privacy Lawsuit – eDiscovery Case Law

April 07, 2014

By Doug Austin

In Cheng v. Romo, the interpretation of laws enacted prior to the modern Internet age served as a deciding factor in the outcome of this invasion of privacy lawsuit, which alleged a violation of the Stored Communications Act (SCA).

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Sanctions Denied over Destruction of Audio Evidence in Discrimination Lawsuit - eDiscovery Case Law

April 04, 2014

By Doug Austin

In Sokn v. Fieldcrest Cmty. Unit School Dist. No. 8, the plaintiff filed a motion for default and sanctions relating to spoliation of evidence with a federal court, after a district court issued a Report and Recommendation (R&R) to deny the motion. Illinois Senior District Judge Joe Billy McDade ultimately declined to impose sanctions, due to a lack of evidence regarding the timing of alleged spoliation, and the plaintiff’s inability to establish bad faith on the part of the defendants.

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Government Attorneys Have eDiscovery Issues Too – eDiscovery Trends

April 03, 2014

By Doug Austin

When many eDiscovery professionals talk about their clients, they’re usually talking about law firms and corporations. However, government agencies have their own eDiscovery challenges. According to findings from Deloitte’s 7th Annual Benchmarking Study of e-Discovery Practices for Government Agencies, attorneys and other professionals in government agencies have their own problems and concerns when it comes to eDiscovery.

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eDiscovery Professional Profile: Do You Know Stuart W. Hubbard?

April 02, 2014

By Jane Gennarelli

Stuart W. Hubbard is the Director of eDiscovery and Litigation Support at Bradley Arant Boult Cummings LLP, a large firm with seven offices in the southeast US. He joined the firm in September of 2013 and works primarily out of its headquarters office in Birmingham, AL.

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Smaller Law Firms Save Big with Cloud-Based eDiscovery - eDiscovery Trends

April 01, 2014

By Doug Austin

According to a new article in ABA Journal (Cloud-based e-discovery can mean big savings for smaller firms, written by Joe Dysart), if you are a smaller law firm, it may make more sense to “rent” your eDiscovery applications in the “cloud” rather than bring a full-fledged hardware and software solution in-house.

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Ruling on ESI Discovery Dispute Delayed as Court Requests Specific Information - eDiscovery Case Law

March 31, 2014

By Doug Austin

In Worley v. Avanquest North America Inc., a putative class action involving PC security software, California Magistrate Judge Laurel Beeler required the defendant to produce further information related to discovery disputes before a ruling would be issued.

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After 2,354 Public Comments, One Major Change to the Proposed Federal Rules - eDiscovery Trends

March 28, 2014

By Doug Austin

During our recently concluded thought leader interview series, we asked each of the interviewees their thoughts about the proposed eDiscovery rules amendments to the Federal Rules of Civil Procedure (FRCP) that were published last August for public comment. And, of course, they had plenty to say. The majority of their comments related to the proposed amendment to Rule 37(e) which was intended to create a uniform national standard regarding the level of culpability required to justify severe sanctions for spoliation. Now, it looks like the numerous public comments that were filed have resulted in a change to the rule.

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eDiscovery Daily Is Forty Two!

March 27, 2014

By Doug Austin

Months old, that is. Hey, that’s 24 1/2 in dog years! It slipped up on us! Forty two months ago last week, eDiscovery Daily was launched. It’s hard to believe that it has been 3 1/2 years since our first three posts that debuted on our first day. Twice a year, we like to take a look back at some of the important stories and topics during that time. So, here are just a few of the posts over the last six months you may have missed. Enjoy!

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eDiscovery Professional Profile: Do You Know Charlotte Riser Harris?

March 26, 2014

By Jane Gennarelli

Charlotte Riser Harris is the Manager of Practice Support at Hess Corporation, a global independent energy company primarily engaged in crude oil and natural gas exploration and production. She is located in the organization’s Houston office. Charlotte started at Hess in 2009.

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Clawback Rights Upheld and Plaintiff Sanctioned for Refusal to Comply Concerning Inadvertently Produced Privileged Documents - eDiscovery Case Law

March 25, 2014

By Doug Austin

In RIPL Corp. v. Google Inc., seven discovery-related motions were heard concerning this trademark infringement action. The various motions to seal, compel, enforce, and sanction were filed after the parties had entered into a stipulated protective order. Washington District Judge Ricardo S. Martinez granted in part, denied in part, and deferred in part the various motions.

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Electronic Discovery Dispute Sees Court Requesting Cooperation from Both Parties to Avoid "Court-Ordered Middle Ground" - eDiscovery Case Law

March 24, 2014

By Doug Austin

In Fort Worth Employees’ Retirement Fund v. J.P. Morgan Chase & Co., a complex discovery dispute arose during the process of this securities action lawsuit revolving around the defendants’ loan products and offerings with regards to a specific consumer class, in which the plaintiffs filed a motion to compel an expanded discovery.

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Craig Ball of Craig D. Ball, P.C. – eDiscovery Trends, Part 2

March 21, 2014

By Doug Austin

Today’s thought leader is Craig Ball. A frequent court appointed special master in electronic evidence, Craig is a prolific contributor to continuing legal and professional education programs throughout the United States, having delivered over 1,500 presentations and papers. Craig’s articles on forensic technology and electronic discovery frequently appear in the national media, and just ended nine years writing a monthly column on computer forensics and eDiscovery for Law Technology News called Ball in your Court. He currently blogs on those topics at ballinyourcourt.com.

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Craig Ball of Craig D. Ball, P.C. – eDiscovery Trends, Part 1

March 20, 2014

By Doug Austin

Today’s thought leader is Craig Ball. A frequent court appointed special master in electronic evidence, Craig is a prolific contributor to continuing legal and professional education programs throughout the United States, having delivered over 1,500 presentations and papers. Craig’s articles on forensic technology and electronic discovery frequently appear in the national media, and just ended nine years writing a monthly column on computer forensics and eDiscovery for Law Technology News called Ball in your Court. He currently blogs on those topics at ballinyourcourt.com.

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eDiscovery Professional Profile: Do You Know Duane Lites?

March 19, 2014

By Jane Gennarelli

This blog is the first in a series aimed at helping you to get to know your peers better. Each week I’ll give you career highlights of a law firm or corporate law department eDiscovery professional. Today’s profile is on Duane Lites – an eDiscovery and Litigation Support veteran.

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Planning for the Unexpected: Changing eDiscovery Providers on Short Notice - eDiscovery Best Practices

March 18, 2014

By Ronke Ekwensi

About a month after assuming my role as head of eDiscovery for one of the world’s largest biopharmaceutical companies, I was suddenly forced to change eDiscovery vendors. The experience forcefully taught me the importance of carefully choosing an eDiscovery vendor. Here are some lessons I learned from the experience.

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Ralph Losey of Jackson Lewis, LLP – eDiscovery Trends

March 17, 2014

By Doug Austin

Today’s thought leader is Ralph Losey. Ralph is an attorney in private practice with the law firm of Jackson Lewis, LLP, where he is a Shareholder and the firm's National e-Discovery Counsel. Ralph is also a prolific author of eDiscovery books and articles, the principal author and publisher of the popular e-Discovery Team® Blog, founder and owner of an online training program, e-Discovery Team Training, with attorney and technical students all over the world, founder of the new Electronic Discovery Best Practices (EDBP) lawyer-centric work flow model. Ralph is also the publisher of LegalSearchScience.com and PreSuit.com on predictive coding methods and applications.

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Tom O’Connor of Gulf Coast Legal Technology Center – eDiscovery Trends

March 14, 2014

By Doug Austin

Today’s thought leader is Tom O’Connor. Tom is a nationally known consultant, speaker and writer in the area of computerized litigation support systems. A frequent lecturer on the subject of legal technology, Tom has been on the faculty of numerous national CLE providers and has taught college level courses on legal technology. Tom's involvement with large cases led him to become familiar with dozens of various software applications for litigation support and he has both designed databases and trained legal staffs in their use on many of the cases mentioned above. This work has involved both public and private law firms of all sizes across the nation. Tom is the Director of the Gulf Coast Legal Technology Center in New Orleans.

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Apple Can’t Mention Inadvertent Disclosure in Samsung Case - eDiscovery Case Law

March 13, 2014

By Doug Austin

Back in January, Quinn Emanuel Urquhart & Sullivan LLP was sanctioned for their inadvertent disclosure in the Apple vs Samsung litigation (commonly referred to as “patentgate”). California Magistrate Judge Paul S. Grewal handed down an order on motions for sanctions against Quinn Emanuel (in essence) requiring the firm to “reimburse Apple, Nokia, and their counsel for any and all costs and fees incurred in litigating this motion and the discovery associated with it”. Many felt that Samsung and Quinn Emanuel got off lightly. Now, Apple can’t even mention the inadvertent disclosure in the upcoming Samsung trial.

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Jason R. Baron of Drinker Biddle & Reath LLP – eDiscovery Trends

March 12, 2014

By Doug Austin

Today’s thought leader is Jason R. Baron. An internationally recognized speaker and author on the preservation of electronic documents, Jason is a member of Drinker Biddle’s Information Governance and eDiscovery practice. Jason previously served as Director of Litigation for the U.S. National Archives and Records Administration (NARA) and as trial lawyer and senior counsel at the Department of Justice. He was a founding co-coordinator of the National Institute of Standards and Technology TREC Legal Track, a multi-year international information retrieval project devoted to evaluating search issues in a legal context. He also founded the international DESI (Discovery of Electronically Stored Information) workshop series, bringing together lawyers and academics to discuss cutting-edge issues in eDiscovery.

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Federal Court Partially Reverses District Court’s Taxation of Electronic Discovery Costs - eDiscovery Case Law

March 11, 2014

By Doug Austin

In CBT Flint Partners, LLC v. Return Path, Inc., the Federal Circuit Court of Appeals reversed in part and vacated in part an earlier decision by the Georgia district court to require the plaintiffs to pay the defendants’ costs relating to the production and duplication of electronically stored information (ESI) offered as eDiscovery, limiting taxation to only those costs which were directly related to copying.

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George Socha of Socha Consulting LLC – eDiscovery Trends

March 10, 2014

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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