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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

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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Federal Court Partially Reverses District Court’s Taxation of Electronic Discovery Costs - eDiscovery Case Law

March 11, 2014

By Doug Austin

In CBT Flint Partners, LLC v. Return Path, Inc., the Federal Circuit Court of Appeals reversed in part and vacated in part an earlier decision by the Georgia district court to require the plaintiffs to pay the defendants’ costs relating to the production and duplication of electronically stored information (ESI) offered as eDiscovery, limiting taxation to only those costs which were directly related to copying.

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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.

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Dispute over Production Format and Search Terms for Electronic Discovery Highlights the Need for Cooperation - eDiscovery Case Law

February 21, 2014

By Doug Austin

In Saliga v. Chemtura Corp., a discrimination case heard by Connecticut Magistrate Judge Donna F. Martinez, the plaintiff and the defendants had spent a year arguing over the format of production for Electronically Stored Information (ESI) to be used in discovery, as well as relevant search terms, before the plaintiff filed a motion to compel.

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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.

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'Discovery About Discovery' Motions Lead to Unusual Court Decision - eDiscovery Case Law

February 07, 2014

By Doug Austin

In Ruiz-Bueno v. Scott, a discovery dispute in this wrongful death case arose, leading Ohio Magistrate Judge Terence P. Kemp to arrive at the unusual decision to direct a party to provide ‘discovery about discovery.’

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Discovery of Privileged Documents and Form of Production Addressed in Ruling on Second Motion to Compel - eDiscovery Case Law

February 03, 2014

By Doug Austin

In RPM Pizza LLC v. Argonaut Great Central Insurance Co., Louisiana Magistrate Judge Stephen C. Riedlinger delivered a partial ruling on a Second Motion to Compel the Production of Documents and Interrogatory Responses filed by the plaintiffs, who filed the motion in effect to renew their previous motion to compel, to which the defendant did not respond in a timely manner. Largely due to the delayed response, Judge Reidlinger ruled in favor of the plaintiff on several aspects of the motion.

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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.

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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.

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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).

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2013 eDiscovery Year in Review: eDiscovery Case Law, Part 2

January 17, 2014

By Doug Austin

As we noted 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 admissibility and eDiscovery cost reimbursement. Today, let’s take a look back at cases related to production format disputes, search disputes and technology assisted review.

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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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Split Decision between Plaintiff and Defendant Regarding Search Terms - eDiscovery Case Law

January 14, 2014

By Doug Austin

In Federal Deposit Insurance Corp. v. Giannoulias, Illinois District Judge John F. Grady resolved several motions regarding discovery proceedings in a $114 million lawsuit. Two of the motions concerned search terms for documents and electronically stored information (ESI), in which the plaintiff opposed the defendants’ request for six additional terms to be included in retrieving discovery documents. The court ruled that four additional search terms would be added, while two would be excluded.

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Court Orders Plaintiff to Perform Some Requested Searches Despite the Plaintiff’s Claim that they’re "Unprecedented" - eDiscovery Case Law

December 20, 2013

By Doug Austin

In Swanson v. ALZA Corp., California Magistrate Judge Kandis A. Westmore granted in part and denied in part the defendant's request to compel the plaintiff to apply its search terms to his ESI, ordering some of the search terms to be performed, despite the plaintiff’s assertion that the “the application of Boolean searches was unprecedented”.

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