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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

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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Want My Production? Here’s my Database! - eDiscovery Trends

June 17, 2014

By Doug Austin

A couple of weeks ago, we covered a case where the US Government was ordered to continue providing access to an eDiscovery database to a defendant in a criminal case. That case shed light on a growing trend in the industry that I have also observed personally – “producing” documents to opposing counsel by providing access to the documents via a hosted eDiscovery solution.

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Court Rules that Unilateral Predictive Coding is Not Progressive - eDiscovery Case Law

June 09, 2014

By Doug Austin

In In Progressive Cas. Ins. Co. v. Delaney, Nevada Magistrate Judge Peggy A. Leen determined that the plaintiff’s unannounced shift from the agreed upon discovery methodology, to a predictive coding methodology for privilege review was not cooperative. Therefore, the plaintiff was ordered to produce documents that met agreed-upon search terms without conducting a privilege review first.

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Government Ordered to Maintain Expensive Custom Database Shared with Criminal Defendant - eDiscovery Case Law

June 06, 2014

By Doug Austin

In the criminal case of United States v. Shabudin, California Magistrate Judge Nandor J. Vadas ordered the Government to continue to provide access to a Relativity Database used by the parties to review documents produced by the Government, instead of discontinuing access for the defendants several weeks before trial was to begin due to budgetary issues.

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Everything You Wanted to Know about Forms of Production, Don’t Be Afraid to Ask - eDiscovery Best Practices

May 29, 2014

By Doug Austin

Last week, we discussed the upcoming Georgetown E-Discovery Training Academy, which will be held starting this Sunday and mentioned in Craig Ball’s excellent blog, Ball in Your Court. His latest post offers a very comprehensive guide to forms of production that covers all aspects of forms of production from the different types of forms to how to request electronically stored information (ESI) from opposing counsel.

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If Your Documents Are Not Logical, Discovery Won’t Be Either - eDiscovery Best Practices

May 13, 2014

By Doug Austin

Scanning may no longer be cool, but it’s still necessary. Electronic discovery still typically includes a paper component. When it comes to paper, how documents are identified is critical to how useful they will be. Here’s an example.

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Defendant Failure to Produce in Agreed Upon Format Leads to Dispute with Plaintiffs - eDiscovery Case Law

May 12, 2014

By Doug Austin

In EEOC v. SVT, LLC, discovery disputes arose when the plaintiffs and defendants agreed upon the file format the requested Electronically Stored Information (ESI) for discovery was to be produced in, but the defendants’ production was not in the file formats specified.

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Plaintiff Ordered to Produce Facebook Photos and Messages as Discovery in Personal Injury Lawsuit – eDiscovery Case Law

May 09, 2014

By Doug Austin

In Forman v. Henkin, a Motion to Compel was granted in part for a defendant who requested authorization to obtain records of the plaintiff’s private postings to Facebook.

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Contentious Discovery Dispute Process Leads to Ruling on "Reasonably Usable Format" for ESI - eDiscovery Case Law

May 02, 2014

By Doug Austin

In Castillon v. Corrections Corporation of America, Inc., Idaho District Judge Edward J. Lodge found a discovery dispute over the form of production of electronically stored information (ESI) in favor of the defendants, who had already produced the requested data in what was ruled a “reasonably usable format.”

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Court Finds Rule for Arranging and Labeling Documents Does Not Apply to ESI – eDiscovery Case Law

April 28, 2014

By Doug Austin

In Anderson Living Trust v. WPX Energy Prod., New Mexico District Judge James O. Browning granted the defendants’ Motion to Reconsider an earlier discovery ruling that would have required the defendants to arrange and label the discovery documents they had already produced, on the grounds that under Rule 34, this production was not considered electronically stored information.

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Plaintiffs Triumph in Second Motion to Enforce Court Ordered Production of Email Attachments - eDiscovery Case Law

April 17, 2014

By Doug Austin

In Skepnek v. Roper & Twardowsky, LLC, Kansas Magistrate Judge James P. O’Hara ruled on a second motion filed by the plaintiffs to enforce a discovery order that was not followed completely by the defendants – specifically, the plaintiffs sought to compel the production of email attachments that were not produced along with the emails themselves.

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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.

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Clawback Rights Upheld and Plaintiff Sanctioned for Refusal to Comply Concerning Inadvertently Produced Privileged Documents - eDiscovery Case Law

March 25, 2014

By Doug Austin

In RIPL Corp. v. Google Inc., seven discovery-related motions were heard concerning this trademark infringement action. The various motions to seal, compel, enforce, and sanction were filed after the parties had entered into a stipulated protective order. Washington District Judge Ricardo S. Martinez granted in part, denied in part, and deferred in part the various motions.

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Craig Ball of Craig D. Ball, P.C. – eDiscovery Trends, Part 2

March 21, 2014

By Doug Austin

Today’s thought leader is Craig Ball. A frequent court appointed special master in electronic evidence, Craig is a prolific contributor to continuing legal and professional education programs throughout the United States, having delivered over 1,500 presentations and papers. Craig’s articles on forensic technology and electronic discovery frequently appear in the national media, and just ended nine years writing a monthly column on computer forensics and eDiscovery for Law Technology News called Ball in your Court. He currently blogs on those topics at ballinyourcourt.com.

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Craig Ball of Craig D. Ball, P.C. – eDiscovery Trends, Part 1

March 20, 2014

By Doug Austin

Today’s thought leader is Craig Ball. A frequent court appointed special master in electronic evidence, Craig is a prolific contributor to continuing legal and professional education programs throughout the United States, having delivered over 1,500 presentations and papers. Craig’s articles on forensic technology and electronic discovery frequently appear in the national media, and just ended nine years writing a monthly column on computer forensics and eDiscovery for Law Technology News called Ball in your Court. He currently blogs on those topics at ballinyourcourt.com.

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