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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]

eDiscovery Professional Profile: Do You Know Amy Bowser-Rollins?

April 16, 2014

By Jane Gennarelli

Amy Bowser-Rollins does litigation support work at Robbins Russell – a litigation boutique firm in Washington, DC. Robbins Russell is a small firm (28 attorneys) that handles big cases. That presents unique challenges to its litigation technology professionals: they have to handle huge document collections without the army of resources usually found in large firms.

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Daughter’s Facebook Post Voids $80,000 Settlement – eDiscovery Trends

April 15, 2014

By Doug Austin

My boss reminded me that we haven’t had a good social media disaster story in a while, so here goes. I know it’s a few weeks old, but it’s still a good story if you haven’t heard it. As reported a few weeks ago on CNN, the former head of a private preparatory school in Miami lost out an $80,000 discrimination settlement after his daughter boasted about it on Facebook.

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Plaintiff Sanctioned for Spoliation of Digital Evidence in Sexual Harassment Lawsuit – eDiscovery Case Law

April 14, 2014

By Doug Austin

In Calderon v. Corporacion Puertorrique a de Salud, the plaintiff was found to have violated his duty to preserve evidence during the discovery phase of this sexual harassment lawsuit. Sanctions were imposed, though not to the extent requested by the defendants.

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Litigation Support Professionals Are Certifiable, Too - eDiscovery Trends

April 11, 2014

By Doug Austin

We’ve covered programs from The Organization of Legal Professionals (OLP) in the past, including coverage of their certification program for eDiscovery project management. Now, the OLP has announced that it has finalized preparations for a new Litigation Support Certification Exam.

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Searching for Individuals Isn’t as Straightforward as You Think – eDiscovery Best Practices

April 10, 2014

By Doug Austin

I’ve recently worked with a couple of clients who proposed search terms for key individuals that were a bit limited, so I thought this was an appropriate topic to revisit. When looking for documents in your collection that mention key individuals, conducting a name search for those individuals isn’t always as straightforward as you might think. There are potentially a number of different ways names could be represented and if you don’t account for each one of them, you might fail to retrieve key responsive documents – OR retrieve way too many non-responsive documents. Here are some considerations for conducting name searches.

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eDiscovery Professional Profile: Do You Know Stacia Sanders?

April 09, 2014

By Jane Gennarelli

Stacia Sanders is the firm-wide Senior Manager of eDiscovery Services and Litigation Support for Bryan Cave LLP, an international law firm with over 25 offices throughout the world. She’s located in Saint Louis -- the firm’s largest office -- and works predominantly with the litigation teams practicing in the US. She was just promoted earlier this year to her current, senior management position. Prior to that, she was the Manager of eDiscovery Services and Litigation Support -- a position she held since 2010.

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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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