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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.
April 12, 2013
Sounds like a trick question, doesn’t it? The answer is yes. And, collecting files in a forensically unsound manner can be a drag…and drop.
Read moreApril 11, 2013
In Potts v. Dollar Tree Stores, Inc., Tennessee District Judge William Haynes ruled that the defendant “lacks any evidentiary showing that Plaintiff's public Facebook profile contains information that will reasonably lead to the discovery of admissible evidence” and, therefore, denied the defendant’s motion to compel regarding same.
Read moreApril 10, 2013
During deliberation, a jury attempts to reach a verdict – that is, its decision on the facts in the case and its decision in favor of one of the parties. In Federal cases – both criminal cases and civil cases -- jury verdicts must be unanimous. In state cases, the rules vary a bit. Also, here are several reasons why a trial can be declared as a mistrial.
Read moreApril 09, 2013
Apparently, having your case dismissed isn’t the worst that can happen to you for egregious spoliation of data. You can also be ordered to pay the winning party over $200,000 in fees and costs for the case. In Taylor v. Mitre Corp., Virginia District Judge Liam O’Grady partially granted the prevailing defendant’s motion for fees and costs after the court dismissed the case due to the plaintiff’s spoliation of evidence.
Read moreApril 08, 2013
Some of the recent stories involving alleged overbilling by law firms for legal work – much of it for document review – begs the question whether it’s time to ditch the per hour model for document review in place of a per document rate for review?
Read moreApril 05, 2013
In Amana Society, Inc. v. Excel Engineering, Inc., Iowa District Judge Linda R. Reade found that “scanning [to TIFF format] for Summation purposes qualifies as ‘making copies of materials’ and that these costs are recoverable”.
Read moreApril 04, 2013
As reported by Sean Doherty in Law Technology News (New Research Reveals Information Governance Gets No Respect), a new report from 451 Research has indicated that “although lawyers are bullish about the prospects of information governance to reduce litigation risks, executives, and staff of small and midsize businesses, are bearish and ‘may not be placing a high priority’ on the legal and regulatory needs for litigation or government investigation.”
Read moreApril 03, 2013
After each side in a lawsuit has presented its case – that is, each has called all of its witnesses and presented all its evidence – the trial is nearing an end. The next step is closing arguments. Each side has a last chance to persuade the jury to deliver the verdict it wants.
Read moreApril 02, 2013
In Christou v. Beatport, LLC, Colorado District Judge R. Brooke Jackson ruled that the plaintiffs could introduce evidence at trial to show the defendants failure to preserve text messages after the key defendant’s iPhone was lost. However, the judge also ruled that the defendants could present “evidence in explanation…and argue that no adverse inference should be drawn”.
Read moreApril 01, 2013
Thursday, we covered the first four tips from Craig Ball’s informative post on his blog (Ball in your Court) entitled Eight Tips to Quash the Cost of E-Discovery with tips on saving eDiscovery costs. Today, we’ll discuss the last four tips.
Read moreMarch 28, 2013
By now, Craig Ball needs no introduction our readers as he has been a thought leader interview participant for the past three years. I’m a regular reader of his blog, Ball in your Court and, last week, he published a very informative post entitled Eight Tips to Quash the Cost of E-Discovery with tips on saving eDiscovery costs. I thought we would cover those tips here, with some commentary.
Read moreMarch 27, 2013
In the last several posts, we’ve discussed presenting a case at trial. We’ve spent a bit of time on testimony -- a key type of evidence. In addition to testimony, attorneys introduce exhibits as evidence. Exhibits are documents or objects that support a party’s position. Here are the types of exhibits most often introduced at trial.
Read moreMarch 26, 2013
During our recently concluded thought leader interview series, I had intended to line up at least one more interview – with Adam Losey, president and editor-in-chief of IT-Lex.org, a technology law not-for-profit educational and literary organization and an attorney at Foley & Lardner LLP. Adam also served as an adjunct professor at Columbia University, where he taught electronic discovery as part of Columbia's Information and Digital Resource Management Master's Program. Under the idea of “better late than never”, I was finally able to speak to Adam and get his thoughts on various eDiscovery topics. Enjoy! :-)
Read moreMarch 25, 2013
During our recently concluded thought leader interview series, I had intended to line up at least one more interview – with Adam Losey, president and editor-in-chief of IT-Lex.org, a technology law not-for-profit educational and literary organization and an attorney at Foley & Lardner LLP. Adam also served as an adjunct professor at Columbia University, where he taught electronic discovery as part of Columbia's Information and Digital Resource Management Master's Program. Under the idea of “better late than never”, I was finally able to speak to Adam and get his thoughts on various eDiscovery topics. Enjoy! :-)
Read moreMarch 22, 2013
According to Fulbright's 9th Annual Litigation Trends Survey released last month, companies in the United States and United Kingdom continue to deal with, and spend more on litigation. From an eDiscovery standpoint, the survey showed an increase in requirements to preserve and collect data from employee mobile devices, a high reliance on self-preservation to fulfill preservation obligations and a decent percentage of organizations using technology assisted review.
Read moreMarch 21, 2013
Thirty months ago yesterday, eDiscovery Daily was launched. It’s hard to believe that it has been 2 1/2 years since our first three posts that debuted on our first day. 635 posts later, a lot has happened in the industry that we’ve covered. And, yes we’re still crazy after all these years for committing to a daily post each business day, but we still haven’t missed a business day yet. 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!
Read moreMarch 20, 2013
In last week’s post, we covered the process by which testimony is given at trial, and how objections are made and ruled on. There are two other aspects of testimony that we’ll cover here, hearsay and leading questions.
Read moreMarch 19, 2013
Most discovery requests include a request for emails of parties involved in the case. Email data is often the best resource for establishing a timeline of communications in the case and Microsoft® Outlook is the most common email program used in business today. Outlook emails can be stored in several different forms, so it’s important to be able to account for each file format when collecting emails that may be responsive to the discovery request.
Read moreMarch 18, 2013
In EEOC v. JP Morgan Chase Bank, District Judge Gregory L. Frost granted the EEOC’s motion for sanctions for spoliation of data, entitling the plaintiff to “a permissive adverse jury instruction related to the spoliation if this litigation proceeds to a jury trial”, and denied the defendant’s motion for summary judgment.
Read moreMarch 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 moreMarch 14, 2013
As noted previously in this blog, the Equal Employment Opportunity Commission (EEOC) was ordered to turn over social media information related to a class action case alleging sexual harassment and retaliation. Apparently, they were less than cooperative in complying with that order. In EEOC v. Original Honeybaked Ham Co. of Georgia, Colorado Magistrate Judge Michael E. Hegarty sanctioned the EEOC for failing to provide discovery of social media content.
Read moreMarch 13, 2013
In last week’s post we covered the different types of witnesses that can be called upon to testify at trial. Regardless of what type of witness is brought to the stand, the process for testifying is the same. Here are the steps.
Read more
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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.
