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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.

Production

Battle Continues between Attorneys and Client over Attorneys’ Failure to Review Documents - eDiscovery Case Law

October 17, 2014

By Doug Austin

In Price Waicukauski & Riley v. Murray, Indiana District Judge William T. Lawrence granted the plaintiff’s request for summary judgment for failure to pay attorney’s fees of over $125,000, and refused to issue summary judgment for either party related to a legal malpractice claim for the plaintiff’s admitted failure to review documents produced in the defendants’ case against another party because of a factual dispute regarding the plaintiff’s knowledge of the documents produced.

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Court Rules that Joint Stipulation Supports Plaintiff’s Production of Images Instead of Native Files - eDiscovery Case Law

October 13, 2014

By Doug Austin

In Melian Labs, Inc. v. Triology LLC, California Magistrate Judge Kandis A. Westmore denied the plaintiff’s motion to compel discovery in native form because the production format had been agreed upon under the parties’ ESI protocol under the Joint Rule 26(f) Report filed by the parties that supported production in “paper, PDF, or TIFF format”.

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How Mature is Your Organization in Handling eDiscovery? - eDiscovery Best Practices

October 07, 2014

By Doug Austin

A new self-assessment resource from EDRM helps you answer that question. A few days ago, EDRM announced the release of the EDRM eDiscovery Maturity Self-Assessment Test (eMSAT-1), the “first self-assessment resource to help organizations measure their eDiscovery maturity”. Find out more about it here.

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When Preparing Production Sets, Quality is Job 1 - Best of eDiscovery Daily

September 30, 2014

By Doug Austin

Yesterday, we talked about addressing parameters of production up front to ensure that those requirements make sense and avoid foreseeable production problems well before the production step. Today, we will talk about quality control (QC) mechanisms to make sure that the production is complete and accurate. There are a number of checks that can and should be performed on the production set, prior to producing it to the requesting party. Here are some examples.

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Production is the "Ringo" of the eDiscovery Phases - Best of eDiscovery Daily

September 29, 2014

By Doug Austin

Most of the “press” associated with eDiscovery ranges from the “left side of the EDRM model” (i.e., Information Management, Identification, Preservation, Collection) through the stages to prepare materials for production (i.e., Processing, Review and Analysis). All of those phases lead to one inevitable stage in eDiscovery: Production. Yet, few people talk about the actual production step. If Preservation, Collection and Review are the “John”, “Paul” and “George” of the eDiscovery process, Production is “Ringo”.

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Our 1,000th Post! – eDiscovery Milestones

September 03, 2014

By Doug Austin

When we launched nearly four years ago on September 20, 2010, our goal was to be a daily resource for eDiscovery news and analysis. Now, after doing so each business day, I’m happy to announce that today is our 1,000th post on eDiscovery Daily! Check out what we've covered over 1,000 posts!

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When Reviewing and Producing Documents, Don't Forget the "Mother and Child Reunion" - eDiscovery Best Practices

August 27, 2014

By Doug Austin

I love Paul Simon’s music. One of my favorite songs of his is Mother and Child Reunion. Of course, I’m such an eDiscovery nerd that every time I think of that song, I think of keeping email and attachment families together. If you don’t remember the Mother and Child Reunion, you might provide an incomplete production to opposing counsel.

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It’s Friday at 5 and I Need Data Processed to Review this Weekend - eDiscovery Humor

August 22, 2014

By Doug Austin

We’ve referenced Ralph Losey’s excellent e-Discovery Team® blog several times before on this blog – it’s a great read and you won’t find a blog that gets more in depth than his does (he has also been gracious enough to participate in our thought leader interview series for the last three years). And, as Ralph has demonstrated before, he has a sense of humor when it comes to electronic discovery.

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Other Production Parameters from a Provider’s Point of View - eDiscovery Best Practices

August 13, 2014

By Doug Austin

Yesterday, we began to discuss some of the production parameters that CloudNine Discovery collects from our clients in order to ensure that the production includes the correct documents in the required format. But, wait – there’s more! Let’s take a look at some other examples of information we collect from our clients.

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Production from a Provider’s Point of View - eDiscovery Best Practices

August 12, 2014

By Doug Austin

We sometimes forget that the end goal of the discovery process is production: to produce responsive electronically stored information (ESI) to opposing counsel. But, do you realize how many parameters and potential permutations there can be to the production process? Let’s take a look.

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Privilege Not Waived on Defendant’s Seized Computer that was Purchased by Plaintiff at Auction - eDiscovery Case Law

August 11, 2014

By Doug Austin

In Kyko Global Inc. v. Prithvi Info. Solutions Ltd., Washington Chief District Judge Marsha J. Pechman ruled that the defendants’ did not waive their attorney-client privilege on the computer of one of the defendants purchased by plaintiffs at public auction, denied the defendants’ motion to disqualify the plaintiff’s counsel for purchasing the computer and ordered the plaintiffs to provide defendants with a copy of the hard drive within three days for the defendants to review it for privilege and provide defendants with a privilege log within seven days of the transfer.

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Texas Supreme Court Reverses Spoliation Ruling, Remands Case for New Trial - eDiscovery Case Law

July 30, 2014

By Doug Austin

In Brookshire Bros., Ltd. v. Aldridge, the Supreme Court of Texas determined “that imposition of the severe sanction of a spoliation instruction was an abuse of discretion” in the trial court, reversed the court of appeals' judgment and remanded the case for a new trial.

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Failure to Preserve Cloud-Based Data Results in Severe Sanction for Defendant - eDiscovery Case Law

July 29, 2014

By Doug Austin

In Brown v. Tellermate Holdings, Magistrate Judge Terence Kemp granted plaintiffs’ motion for judgment and motion to strike, ruling that the defendant could not “present or rely upon evidence that it terminated the Browns' employment for performance-related reasons” and enabling the plaintiffs to use documents produced by the defendant “designated as attorneys'-eyes-only” to be used by the plaintiffs “without restriction”, due to the defendant’s failure to preserve or produce data from their Salesforce.com database.

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Transparency Reports for Other Companies - Social Tech eDiscovery

July 23, 2014

By Doug Austin

Over the past couple of weeks, we’ve taken a fresh look at Twitter’s Law Enforcement Policies and their latest Transparency Report to show government requests for data, looked at (for the first time) LinkedIn’s Privacy and Law Enforcement Data Request Guidelines and Transparency Report and, yesterday, looked at Facebook’s policies and Government Request Reports. Today, we will look at Transparency Reports for other companies.

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Facebook’s Policies and Government Request Reports - Social Tech eDiscovery

July 22, 2014

By Doug Austin

Two weeks ago, we took a fresh look at Twitter’s Law Enforcement Policies and their latest Transparency Report to show government requests for data, then last week (for the first time), we looked at LinkedIn’s Privacy and Law Enforcement Data Request Guidelines and Transparency Report. This week, we’ll take a look at Facebook’s policies and Government Request Reports.

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LinkedIn’s Transparency Report - Social Tech eDiscovery

July 16, 2014

By Doug Austin

Yesterday, we talked about LinkedIn’s Privacy and Law Enforcement Data Request Guidelines. Like Twitter and other social media companies, LinkedIn also discloses a semi-annual Transparency Report to inform the public of the frequency and type of government requests the company receives regarding member data. Let’s take a look.

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LinkedIn Has Privacy and Law Enforcement Data Request Guidelines Too - Social Tech eDiscovery

July 15, 2014

By Doug Austin

Last week, we discussed recent updates to Twitter’s Law Enforcement policies as well as Twitter’s latest Transparency Report to show government requests for data. Today, let’s take a look at the Privacy Policy and Law Enforcement Guidelines for LinkedIn.

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Twitter’s Law Enforcement Policies Revisited Again - Social Tech eDiscovery

July 08, 2014

By Doug Austin

It’s time to take another look at the social media platforms to see how they handle private information and law enforcement requests (such as subpoenas). Let’s start with Twitter.

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Court Rules in Dispute Between Parties Regarding ESI Protocol, Suggests Predictive Coding - eDiscovery Case Law

July 03, 2014

By Doug Austin

In a dispute over ESI protocols in FDIC v. Bowden, Georgia Magistrate Judge G. R. Smith approved the ESI protocol from the FDIC and suggested the parties consider the use of predictive coding.

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Plaintiff Ordered to Re-Open Social Media Account for Discovery – eDiscovery Case Law

June 30, 2014

By Doug Austin

In Chapman v. Hiland Operating, LLC, while noting that he was “skeptical” that reactivating the plaintiff’s Facebook account would produce any relevant, noncumulative information, North Dakota Magistrate Judge Charles S. Miller ordered the plaintiff to “make a reasonable, good faith attempt” to reactivate her Facebook account.

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Court Refuses to Dismiss Spoliation Claim Due to Defendant’s Failure to Produce Key Native File with Metadata - eDiscovery Case Law

June 23, 2014

By Doug Austin

In Raines v. College Now Greater Cleveland, Inc., Ohio District Judge James S. Gwin refused to dismiss the plaintiff’s claim of tortious spoliation of evidence due to the defendant’s failure to produce the metadata associated with a key report authored by the plaintiff.

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Order for Financial Records and Facebook Conversations Modified Due to Privacy Rights - eDiscovery Case Law

June 20, 2014

By Doug Austin

In Stallings v. City of Johnston City, Illinois Chief District Judge David R. Herndon modified an earlier order by a magistrate judge in response to the plaintiff’s appeal, claiming that the order violated the privacy rights of the plaintiff, and of minor children with whom the plaintiff had held conversations on Facebook.

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