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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.

Pricing

Are eDiscovery Vendor Fees "Unconscionable"? - eDiscovery Best Practices

July 10, 2014

By Doug Austin

Could an eDiscovery vendor actually charge nearly $190,000 to process 505 GB and host it for three months? According to a recent post by Craig Ball in his Ball in Your Court blog, the answer is yes – based on a sworn affidavit from an eDiscovery expert leading a national litigation support vendor.

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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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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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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).

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ESI Cost Budget Calculator - eDiscovery Best Practices

January 28, 2014

By Doug Austin

Last month, we discussed budget calculators available from the Metrics section of the Electronic Discovery Reference Model (EDRM) web site. So far, we have reviewed three budget calculators, the E-Discovery Cost Estimator for Processing and Review, the Doc Review Cost Calculator and the EDRM UTBMS eDiscovery Code Set Calculator. Here is the fourth and final calculator (currently) on the site, the ESI Cost Budget Calculator, provided by Browning Marean, DLA Piper law firm.

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2013 eDiscovery Year in Review: eDiscovery Case Law, Part 1

January 16, 2014

By Doug Austin

It’s time for our annual review of eDiscovery case law! We had more than our share of sanctions granted and denied, as well as disputes over admissibility of electronically stored information (ESI), eDiscovery cost reimbursement, production formats and search parameters, among other things. So, as we did last year and also the year before, let’s take a look back at 2013!

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EDRM UTBMS eDiscovery Code Set Calculator - eDiscovery Best Practices

January 09, 2014

By Doug Austin

Last month, we discussed budget calculators available from the Metrics section of the Electronic Discovery Reference Model (EDRM) web site. So far, we have reviewed two of the budget calculators, beginning with the E-Discovery Cost Estimator for Processing and Review workbook provided by Julie Brown at Vorys law firm and the Doc Review Cost Calculator provided by an eDiscovery vendor. Today, we will continue our review of the calculators with a look at the EDRM UTBMS eDiscovery Code Set Calculator provided by Browning Marean, DLA Piper law firm; and George Socha, Socha Consulting (and, of course, co-founder of EDRM).

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Cost Calculator for Document Review - eDiscovery Best Practices

January 03, 2014

By Doug Austin

A couple of weeks ago, we discussed budget calculators available from the Metrics section of the Electronic Discovery Reference Model (EDRM) web site and, two days later, began a review of the budget calculators, beginning with the E-Discovery Cost Estimator for Processing and Review workbook provided by Julie Brown at Vorys law firm. Today, we will continue our review of the calculators with a look at the Doc Review Cost Calculator.

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Vorys Project Ballpark Cost Estimator for ESI Processing and Review - eDiscovery Best Practices

December 19, 2013

By Doug Austin

On Tuesday, we discussed budget calculators available from the Metrics section of the Electronic Discovery Reference Model (EDRM) web site. Today, we will begin a more in-depth discussion of the budget calculators, beginning with the E-Discovery Cost Estimator for Processing and Review workbook provided by Julie Brown at Vorys law firm.

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Want to Estimate your eDiscovery Budget? Use One of These Calculators - eDiscovery Best Practices

December 17, 2013

By Doug Austin

It has been a busy year for the Electronic Discovery Reference Model (EDRM). In addition to announcing a transition to nonprofit status by May 2014, since the May annual meeting, several EDRM projects have already announced new deliverables and/or requested feedback. Now, another resource is available via the EDRM site – Budget Calculators!

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Is a Blended Document Review Rate of $466 Per Hour Excessive? – eDiscovery Replay

November 22, 2013

By Doug Austin

Remember when we raised the question as to whether it is time to ditch the per hour model for document review? One of the cases we highlighted for perceived overbilling was ruled recently.

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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?

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Is a Blended Document Review Rate of $466 Per Hour Excessive? – eDiscovery Case Law

September 23, 2013

By Doug Austin

Remember when we raised the question as to whether it is time to ditch the per hour model for document review? One of the cases we highlighted for perceived overbilling was ruled upon last month. In the case In re Citigroup Inc. Securities Litigation, New York District Judge Sidney H. Stein rejected as unreasonable the plaintiffs’ lead counsel’s proffered blended rate of more than $400 for contract attorneys—more than the blended rate charged for associate attorneys—most of whom were tasked with routine document review work.

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How Big is Your ESI Collection, Really? – eDiscovery Best Practices

August 26, 2013

By Doug Austin

After identifying custodians relevant to the case and collecting files from each, you’ve collected roughly 100 gigabytes (GB) of Microsoft Outlook email PST files and loose electronic files from the custodians. You identify a vendor to process the files to load into a review tool, so that you can perform review and produce the files to opposing counsel. After processing, the vendor sends you a bill – and they’ve charged you to process over 200 GB!! Are they trying to overbill you?

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200,000 Visits on eDiscovery Daily! – eDiscovery Milestones

June 03, 2013

By Doug Austin

While we may be “just a bit behind” Google in popularity (900 million visits per month), we’re proud to announce that yesterday eDiscoveryDaily reached the 200,000 visit milestone! It took us a little over 21 months to reach 100,000 visits and just over 11 months to get to 200,000 (don’t tell my boss, he’ll expect 300,000 in 5 1/2 months). When we reach key milestones, we like to take a look back at some of the recent stories we’ve covered, so here are some recent eDiscovery items of interest.

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Four More Tips to Quash the Cost of eDiscovery – eDiscovery Best Practices

April 01, 2013

By Doug Austin

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.

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Eight Tips to Quash the Cost of eDiscovery – eDiscovery Best Practices

March 28, 2013

By Doug Austin

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.

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EDRM Announces Several Updates at Mid-Year Meeting – eDiscovery Trends

October 25, 2012

By Doug Austin

Last week, the Electronic Discovery Reference Model (EDRM) conducted its mid-year meeting to enable the working groups to meet and further accomplishments in each of the teams for the year. Having attended several of these meetings in the past, I’ve always found them to usually yield significant progress within the working groups, as well as providing a great opportunity for eDiscovery professionals to get together and talk shop. Based on the results of the meeting, EDRM issued an announcement with updates from several of their more active projects.

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eDiscovery Trends: Cloud Computing – A Lot of Benefit for the Cost

August 21, 2012

By Doug Austin

An interesting article in The Metropolitan Corporate Counsel provides some useful, well-described benefits of cloud computing for eDiscovery (Cloud Computing And E-Discovery: Maximum Gain, Minimum Cost, written by Miró Cassetta). The author provides some good analogies to explain the different cloud service models, differences between private and public clouds and the benefits of using a Software-as-a-Service (SaaS) application. Let’s take a look.

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eDiscovery Best Practices: Assessing Your Data Before Meet and Confer Shouldn’t Be Expensive

August 14, 2012

By Doug Austin

So, you’re facing litigation and you need help from an outside provider to “get your ducks in a row” to understand how much data you have, how many documents have hits on key terms and estimate the costs to process, review and produce the data so that you’re in the best position to negotiate appropriate terms at the Rule 26(f) conference (aka, meet and confer). But, how much does it cost to do all that? It shouldn’t be expensive. In fact, it could even be free.

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eDiscovery Trends: The Growth of eDiscovery is Transparent

August 09, 2012

By Doug Austin

With data in the world doubling every two years or so and the variety of issues that organizations need to address to manage that data from an eDiscovery standpoint, it would probably surprise none of you that the eDiscovery market is growing. But, do you know how quickly the market is growing? One research firm reports their forecast.

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eDiscovery Trends: Costs, Outside Counsel and Vendor Performance Chief Among GC Concerns

June 22, 2012

By Doug Austin

A survey was recently conducted by eDiscovery Solutions Group (eDSG) that of Global 250 General Counsel on various aspects of eDiscovery processes and concerns regarding eDiscovery. The results were summed up in a post in the blog, The eDiscovery Paradigm Shift, written by Charles Skamser. With a little over half (127 out of 250 organizations or 51%) responding, the post noted some interesting findings with regard to how organizations handle various eDiscovery tasks and their concerns regarding the process overall.

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