www.cloudninediscovery.com

Subscription Center

Sign up to receive eDiscovery Daily's articles via email or add the RSS feed to your newsreader of choice.

  • RSS Feed

Library

Browse eDiscovery Daily Blog

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.

Preservation

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.

Read more

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.

Read more

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.

Read more

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.

Read more

ASU-Arkfeld eDiscovery and Digital Evidence Conference - eDiscovery Trends

March 06, 2014

By Doug Austin

Last week, I told you about a two-day program being hosted next week in my hometown of Houston by The Sedona Conference®. Then, on Tuesday, I told you about the Second Annual Electronic Discovery Conference for the Small and Medium Case, hosted by the Levin College of Law at the University of Florida and EDRM also next week. Now, here is another conference alternative for next week – the Third Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference, hosted by Arizona State University and noted eDiscovery expert Michael Arkfeld.

Read more

Alon Israely, Esq., CISSP of BIA – eDiscovery Trends

March 05, 2014

By Doug Austin

Today’s thought leader is Alon Israely. Alon is the Manager of Strategic Partnerships at Business Intelligence Associates, Inc. (BIA) and currently leads the Strategic Partner Program at BIA. Alon has over eighteen years of experience in a variety of advanced computing-related technologies and has consulted with law firms and their clients on a variety of technology issues, including expert witness services related to computer forensics, digital evidence management and data security. Alon is an attorney and a Certified Information Systems Security Professional (CISSP).

Read more

Brad Jenkins of CloudNine Discovery – eDiscovery Trends

February 24, 2014

By Doug Austin

Today’s thought leader is Brad Jenkins of CloudNine Discovery. Brad has over 20 years of experience as an entrepreneur, as well as 15 years leading customer focused companies in the litigation support arena. Brad also writes the Litigation Support Industry Blog, which covers news about litigation support and eDiscovery companies' funding activities, acquisitions & mergers and notable business successes. He has authored several articles on document management and litigation support issues, and has appeared as a speaker before national audiences on document management practices and solutions. He’s also my boss!

Read more

Bad Faith Violations in Discovery Lead to Sanctions for Defendant – eDiscovery Case Law

February 20, 2014

By Doug Austin

Regarding the case In re Pradaxa (Dabigatran Etexilate) Products Liability Litigation, the defendants’ repeated failure to preserve and produce documents during discovery was found to be in bad faith. The defendants were ordered to produce the documents, or to explain why they couldn’t be produced, and to pay a hefty fine plus the plaintiff’s costs and fees for pursuing discovery motions. The order left room for additional future sanctions, should the bad faith behavior continue.

Read more

EDRM Updates Privacy & Security Risk Reduction Model – eDiscovery Best Practices

February 17, 2014

By Doug Austin

As they announced last week, the Electronic Discovery Reference Model (EDRM) announced the reintroduction and refinement of its Privacy & Security Risk Reduction Model (PSRRM). Initially introduced last September by EDRM’s Data Set group (and covered on this blog here), the model provides a process for reducing the volume of private, protected and risky data by using a series of steps applied in sequence as part of the information management, identification, preservation and collection phases of the Electronic Discovery Reference Model.

Read more

Search Process for ESI Called into Question, but Court Denies Sanctions for Plaintiff - eDiscovery Case Law

February 13, 2014

By Doug Austin

In Brown v. West Corp., the plaintiff filed a motion to compel, claiming the defendant had been insufficient in its handling of searching for Electronically Stored Information (ESI) relevant to discovery. The plaintiff additionally contested a prior order from a magistrate judge, requiring the defendant to explain its search processes to the defendant. Ultimately, Nebraska Senior District Judge Lyle E. Strom denied the requested sanctions and rejected the challenge to the prior order.

Read more

Sanctions Awarded when Defendant Failed to Preserve Relevant Evidence - eDiscovery Case Law

February 10, 2014

By Doug Austin

In Zest IP Holdings, LLC v. Implant Direct Manufacturing, LLC., California Magistrate Judge William V. Gallo granted the Plaintiff’s motion for sanctions because parties are “required to preserve evidence relevant to litigation and to prevent spoliation.” Judge Gallo found that the Defendant “failed to preserve multiple documents that are relevant to Plaintiff's claims with the requisite culpable state of mind to support a finding of spoliation of evidence”.

Read more

Quinn Emanuel Sanctioned for Inadvertent Disclosure, Samsung Escapes Sanction – eDiscovery Case Law

January 31, 2014

By Doug Austin

California Magistrate Judge Paul S. Grewal has now handed down an order on motions for sanctions against Samsung and the Quinn Emanuel law firm in the never-ending Apple v. Samsung litigation for the inadvertent disclosure of confidential agreements that Apple had with Nokia, Ericsson, Sharp and Philips – now widely referred to as “patentgate”.

Read more

Court Grants Motion to Compel Defendant to Produce Documents as Requested and Chronicle Approach - eDiscovery Case Law

January 24, 2014

By Doug Austin

In Home Instead, Inc. v. Florance, following a motion to compel discovery on behalf of the plaintiff, Nebraska Magistrate Judge Cheryl R. Zwart ordered the defendant to produce documents requested during discovery and required the defendant to produce a sworn affidavit chronicling the methods used in their search for production of the discovery documents.

Read more

2013 eDiscovery Year in Review: eDiscovery Case Law, Part 4

January 21, 2014

By Doug Austin

As we noted on Thursday, Friday and yesterday, eDiscoveryDaily published 78 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to proportionality and the first half of the cases related to sanctions (yes, there were that many). Today, here are the rest of the cases related to sanctions.

Read more

2013 eDiscovery Year in Review: eDiscovery Case Law, Part 3

January 20, 2014

By Doug Austin

As we noted on Thursday and Friday, eDiscoveryDaily published 78 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Friday, we looked back at cases related to production format disputes, search disputes and technology assisted review. Today, let’s take a look back at cases related to proportionality and the first half of the cases related to sanctions (yes, there were that many).

Read more

Plaintiff Sanctioned After its "Failure to Take the Most Basic Document Preservation Steps" - eDiscovery Case Law

January 02, 2014

By Doug Austin

In SJS Distribution Systems, Inc. v. Sam’s East, Inc., New York Magistrate Judge Robert M. Levy found the plaintiff’s failure to take “the most basic document preservation steps,” including issuing a litigation hold – “even after it discovered the packaging nonconformities and filed this action” – constituted gross negligence. As a result, an adverse inference instruction sanction was issued against the plaintiff and the defendant was awarded its costs and attorney’s fees associated with its motion to compel.

Read more

Company Should Have Preserved Personal eMails, But No Sanctions (Yet) - eDiscovery Case Law

December 23, 2013

By Doug Austin

In Puerto Rico Telephone Co. v. San Juan Cable LLC, Puerto Rico Magistrate Judge Bruce J. McGiverin found that “plaintiff has proffered sufficient evidence to establish that [the defendant] OneLink failed to preserve relevant emails within its control”, but denied the plaintiff’s request for sanctions at this time because of the “absence of bad faith” on the defendant's part and the plaintiff's failure to demonstrate prejudice.

Read more

He Sees You When You’re Sleeping -- eDiscovery Trends

December 09, 2013

By Doug Austin

A recent post in the Law Librarians Blog illustrates not only the different ways in which personal data can be captured, but also the continued growth of devices that might contain that data.

Read more

Samsung Again Owes Apple Almost $1 Billion, Sanction Deadline Nears – eDiscovery Case Law

December 02, 2013

By Doug Austin

The news continues to get worse for Samsung Electronics Co. in its colossal legal battle with Apple Inc. A California federal jury ruled on November 21 that Samsung owes Apple $290.5 million for selling mobile devices that infringed five iPhone and iPad patents, bringing the total awarded for infringing on Apple products to almost $930 million.

Read more

Duty to Preserve Triggered When Litigation is "Imminent", Not "Reasonably Foreseeable" - eDiscovery Case Law

November 26, 2013

By Doug Austin

In the case In re Pradaxa (Dabigatran Etexilate) Products Liability Litigation, Chief District Judge David R. Herndon ruled that at least in the Seventh Circuit, the duty to preserve is triggered not when litigation is “reasonably foreseeable” but when “a litigant knew or should have known that litigation was imminent.”

Read more

The Ubiquitous Apple Samsung Case and “Patentgate” – eDiscovery Case Law

November 15, 2013

By Doug Austin

When something gets the “gate” suffix added to it, that’s not a good thing. It’s hard to believe that a case can get more intense than when a billion dollar verdict is awarded (later reduced to a measly $599 million), but the Apple v. Samsung case seems to only be getting more intense, due to the disclosure of confidential agreements that Apple had with Nokia, Ericsson, Sharp and Philips – now widely referred to as “patentgate”.

Read more

Are You Scared Yet? – eDiscovery Horrors!

October 31, 2013

By Doug Austin

Today is Halloween. Every year at this time, because (after all) we’re an eDiscovery blog, we try to “scare” you with tales of eDiscovery horrors. So, I have one question: Are you scared yet?

Read more

http://www.cloudninediscovery.com/ondemand/free-software-trial.aspx