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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]

Presentation

For Successful Discovery, Think Backwards – eDiscovery Best Practices

October 08, 2013

By Doug Austin

The Electronic Discovery Reference Model (EDRM) has become the standard model for the workflow of the process for handling electronically stored information (ESI) in discovery. But, to succeed in discovery, regardless whether you’re the producing party or the receiving party, it might be helpful to think about the EDRM model backwards.

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eDiscovery Daily is Three Years Old!

September 20, 2013

By Doug Austin

We’ve always been free, now we are three! It’s hard to believe that it has been three years ago today since we launched the eDiscoveryDaily blog. We’re past the “terrible twos” and heading towards pre-school. Before you know it, we’ll be ready to take our driver’s test! Here are some posts over the last six months you may have missed.

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More Updates from the EDRM Annual Meeting – eDiscovery Trends

May 10, 2013

By Doug Austin

Yesterday, we discussed some general observations from the Annual Meeting for the Electronic Discovery Reference Model (EDRM) group and discussed some significant efforts and accomplishments by the (suddenly heavily talked about) EDRM Data Set project. Here are some updates from other projects within EDRM.

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Reporting from the EDRM Annual Meeting and a Data Set Update – eDiscovery Trends

May 09, 2013

By Doug Austin

The Electronic Discovery Reference Model (EDRM) Project was created in May 2005 by George Socha of Socha Consulting LLC and Tom Gelbmann of Gelbmann & Associates to address the lack of standards and guidelines in the electronic discovery market. Now, beginning its ninth year of operation with its annual meeting in St. Paul, MN, EDRM is accomplishing more than ever to address those needs. Here are some highlights from the meeting, and an update regarding the (suddenly heavily talked about) EDRM Data Set project.

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Litigation 101 for eDiscovery Tech Professionals: Trial, Part 8: Verdict and Mistrial

April 10, 2013

By Jane Gennarelli

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.

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Litigation 101 for eDiscovery Tech Professionals: Trial, Part 7: The Last Stages of a Trial

April 03, 2013

By Jane Gennarelli

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.

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Litigation 101 for eDiscovery Tech Professionals: Trial, Part 6: Presenting the Case

March 27, 2013

By Jane Gennarelli

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.

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eDiscovery Daily Is Thirty! (Months Old, That Is)

March 21, 2013

By Doug Austin

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!

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Litigation 101 for eDiscovery Tech Professionals: Trial, Part 5: Presenting the Case

March 20, 2013

By Jane Gennarelli

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.

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Litigation 101 for eDiscovery Tech Professionals: Trial, Part 4: Presenting the Case

March 13, 2013

By Jane Gennarelli

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.

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Litigation 101 for eDiscovery Tech Professionals: Trial, Part 3: Presenting the Case

March 05, 2013

By Jane Gennarelli

After each side makes an opening statement, the main part of the trial begins -- each side presents its side of the case to the jury and/or the judge. The plaintiff goes first, followed by the defendant. Witness testimony is a form of evidence that is usually very significant in most trials. There are a few types of witnesses that might testify in a trial.

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Litigation 101 for eDiscovery Tech Professionals: Document Production: The Process

January 03, 2013

By Jane Gennarelli

In an earlier post in this series, we talked about the vehicles of discovery – that is, the mechanisms by which parties exchange information. One of the mechanisms we discussed is Document Production, which is the exchange of relevant documents between the parties. This step is usually the most time-consuming and expensive part of discovery. In fact, it’s often the most time-consuming and expensive part of a lawsuit. It has always been a significant task, but since eDiscovery has come into the picture, it has grown by magnitudes.

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No Bates Numbers in a Native Production? Get Over It! – eDiscovery Best Practices

October 22, 2012

By Doug Austin

Last week, we discussed the benefits of requesting document productions in native format, including the ability to use Early Data Assessment/FirstPass Review applications to analyze your opponents produced data and metadata, using capabilities like email analytics and message thread analysis (where missing emails in threads can be identified), synonym searching, fuzzy searching and domain categorization. If you don’t understand the benefits of receiving the underlying metadata, try reviewing an image of an Excel spreadsheet and see if you can understand how the numbers were calculated without the underlying formulas. Not so easy, is it? However, one objection that attorneys provide against producing documents in native format is that they’re not conducive to Bates labeling.

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eDiscovery Daily is Two Years Old Today!

September 20, 2012

By Doug Austin

It’s hard to believe that it has been two years ago today since we launched the eDiscoveryDaily blog. Now that we’ve hit the “terrible twos”, is the blog going to start going off on rants about various eDiscovery topics, like Will McAvoy in The Newsroom? Maybe. Or maybe not. Wouldn’t that be fun! Here are some highlights from the past six months.

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eDiscovery Professionals: Order-taking or Consulting? – Consulting Opportunities

September 12, 2012

By Jane Gennarelli

The last post in this series on eDiscovery consulting in a law firm started discussion of opportunities to provide consulting services in a typical case (using the Electronic Discovery Reference Model as a guide). This post provides a continuation of that discussion, starting with the Review step.

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eDiscovery Milestones: Our 500th Post!

August 30, 2012

By Doug Austin

One thing about being a daily blog is that the posts accumulate more quickly. As a result, I’m happy to announce that today is our 500th post on eDiscoveryDaily! In less than two years of existence! So, what have we covered over the first 499 posts?

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eDiscovery Daily Is Eighteen! (Months Old, That Is)

March 21, 2012

By Doug Austin

Eighteen months ago yesterday, eDiscovery Daily was launched. A lot has happened in the industry in eighteen months. We thought we might be crazy to commit to a daily blog each business day. We may be crazy indeed, but we still haven’t missed a business day yet. As we’ve done in the past, we like to take a look back every six months at some of the important stories and topics during that time. So, here are some posts over the last six months you may have missed. Enjoy!

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eDiscovery Trends: NY Times Says US Government Has Its Head in the Clouds

September 02, 2011

By Doug Austin

As noted a few months ago, Forrester and Gartner have predicted big growth for the cloud computing industry, with Forrester predicting nearly a six-fold growth in nine years. In eDiscovery, these solutions support every phase of the EDRM life cycle, from Identification to Presentation. Earlier this week, the New York Times published an article entitled Tight Budget? Look to the ‘Cloud’, written by Vivek Kundra, the Obama administration’s chief information officer from 2009 until earlier this month, who discussed some significant cost savings within government agencies from shifting to cloud based solutions.

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eDiscovery Best Practices: Avoiding eDiscovery Nightmares: 10 Ways CEOs Can Sleep Easier

June 16, 2011

By Doug Austin

I found this article in the CIO Central blog on Forbes.com from Robert D. Brownstone – it’s a good summary of issues for organizations to consider so that they can avoid major eDiscovery nightmares. The author counts down his top ten list David Letterman style (clever!) to provide a nice easy to follow summary of the issues. Here’s a summary recap, with my ‘two cents’ on each item.

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eDiscovery Case Law: Cut and Paste Makes the Cut as Evidence

May 16, 2011

By Doug Austin

In United States v. Lanzon, 2011 WL 1662901 (11th Cir. 2011), the defendant in a criminal case appealed his conviction and raised the issue of whether he prosecution properly authenticated instant messages cut-and-pasted into a Microsoft Word document.

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eDiscovery Best Practices: No Bates, No Problem for Native Files

March 08, 2011

By Doug Austin

As today’s document collections are almost entirely electronic in a format used by the native application (i.e., “native files”), it has become more commonplace to produce those original native files to opposing counsel in eDiscovery. Producing the native files saves costs in converting the files to be produced to an image format (either TIFF or PDF) before production. And, for the recipients of a production, receiving native files enables them to also receive the metadata associated with those files (as it is contained within the files themselves). However, it seems to “upset the legal apple cart” when attorneys have to contemplate applying Bates numbers to native files.

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eDiscovery Trends: George Socha of Socha Consulting

February 28, 2011

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 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 eight 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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