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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.

Project Management

Government Attorneys Have eDiscovery Issues Too – eDiscovery Trends

April 03, 2014

By Doug Austin

When many eDiscovery professionals talk about their clients, they’re usually talking about law firms and corporations. However, government agencies have their own eDiscovery challenges. According to findings from Deloitte’s 7th Annual Benchmarking Study of e-Discovery Practices for Government Agencies, attorneys and other professionals in government agencies have their own problems and concerns when it comes to eDiscovery.

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Planning for the Unexpected: Changing eDiscovery Providers on Short Notice - eDiscovery Best Practices

March 18, 2014

By Ronke Ekwensi

About a month after assuming my role as head of eDiscovery for one of the world’s largest biopharmaceutical companies, I was suddenly forced to change eDiscovery vendors. The experience forcefully taught me the importance of carefully choosing an eDiscovery vendor. Here are some lessons I learned from the experience.

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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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Tom Gelbmann of Gelbmann & Associates, LLC - eDiscovery Trends

February 27, 2014

By Doug Austin

Today’s thought leader is Tom Gelbmann. Tom is Principal of Gelbmann & Associates, LLC. Since 1993, Gelbmann & Associates, LLC, is a consulting practice serving the legal services industry. Tom has an extensive record of working with law firms, corporate counsel and legal services providers as a consultant, advisor, project manager, and has also held the CIO position at two major law firms. Tom has also been co-author of the leading survey on the electronic discovery market, The Socha-Gelbmann Electronic Discovery Survey; in 2011 he and George Socha converted the Survey into Apersee, an online system for selecting eDiscovery providers and their offerings. In 2005, he and George Socha launched the Electronic Discovery Reference Model project to establish standards within the eDiscovery industry – today, the EDRM model has become a standard in the industry for the eDiscovery life cycle.

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Want to Avoid Unexpected Issues in Your eDiscovery Project? Conduct a "Pre-Mortem" - eDiscovery Best Practices

January 07, 2014

By Doug Austin

“Insanity is doing the same thing over and over again expecting a different result”. To avoid that issue, experienced project managers know the value of conducting a “post-mortem” to discuss any problems encountered during the project and how to avoid repeating them in the future. But, what if you could prevent them from happening in the first place?

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Another New Deliverable from EDRM – eDiscovery Trends

November 14, 2013

By Doug Austin

Do you know what container files are? How about the L600 Code Series? Do you know common methods for culling data? What about the difference between a targeted and non-targeted collection strategy? If you don’t know the answer to these and many other questions related to eDiscovery, you should check out the latest deliverable from the Electronic Discovery Reference Model (EDRM) Metrics team, the EDRM Metrics Glossary.

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Can’t Agree on eDiscovery? Try Using an eMediator – eDiscovery Best Practices

September 26, 2013

By Doug Austin

The Rule 26(f) "meet and confer" conference is a requirement in Federal cases as of the rules changes of 2006 to the Federal Rules of Civil Procedure. It enables the parties in a lawsuit to discuss discovery and create a plan for the sharing of information during and before trial. But, what if you can’t agree on how discovery should be handled? Considering using an “eMediator”!

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eDiscovery Daily is Three Years Old!

September 20, 2013

By Doug Austin

We’ve always been free, now we are three! It’s hard to believe that it has been three years ago today since we launched the eDiscoveryDaily blog. We’re past the “terrible twos” and heading towards pre-school. Before you know it, we’ll be ready to take our driver’s test! Here are some posts over the last six months you may have missed.

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Need to Make Key Discovery Decisions? Build a Tree – eDiscovery Best Practices

September 16, 2013

By Doug Austin

There are several decisions that the lead attorney has to make when a new case is filed. Decisions made early in the life cycle of a case can significantly affect how discovery is managed and how costly the discovery process can be for that case. Decision trees are a mechanism that can help attorneys plan for discovery by enabling them to make decisions up front that can lead to more efficient management of the discovery process.

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SWOT Away Uncertainty in Your Discovery Practice – eDiscovery Best Practices

September 09, 2013

By Doug Austin

Understanding the relationships of your organization’s internal and external challenges allows your organization to approach ongoing and future discovery in a more strategic process. A “SWOT” analysis is a tool that can be used to develop that understanding.

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EDRM Publishes New Metrics Model – eDiscovery Trends

June 28, 2013

By Doug Austin

When I attended the Annual Meeting for the Electronic Discovery Reference Model (EDRM) last month, one of the projects that was close to a major deliverable was the Metrics project – a project that I worked on during my first two years as a participant in EDRM. Now, EDRM has announced and published that deliverable: a brand new Metrics model.

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Self-Collecting? Don’t Forget to Check for Image Only Files – eDiscovery Best Practices

June 25, 2013

By Doug Austin

Yesterday, we talked about the importance of tracking chain of custody order to be able to fight challenges of electronically stored information (ESI) by opposing parties. Today, let’s talk about a common mistake that organizations make when collecting their own files to turn over for discovery purposes.

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Chain, Chain, Chain: Chain of Custody – eDiscovery Best Practices

June 24, 2013

By Doug Austin

If you’re a baseball fan you probably remember Ryan Braun and the reported failed test for performance enhancing drugs that he successfully challenged by challenging the chain of custody associated with his blood sample. When it comes to electronically stored information (ESI), ensuring proper chain of custody tracking is also an important part of handling that ESI through the eDiscovery process in order to be able to fight challenges of the ESI by opposing parties. An insufficient chain of custody is a chain, chain, chain of fools.

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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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Five Common Myths About Predictive Coding – eDiscovery Best Practices

March 11, 2013

By Doug Austin

During my interviews with various thought leaders, we discussed various aspects of predictive coding and some of the perceived myths that exist regarding predictive coding and what it means to the review process. I thought it would be a good idea to recap some of those myths and how they compare to the “reality” (at least as some of us see it). Or maybe just me. :-)

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2012 eDiscovery Year in Review: eDiscovery Case Law, Part 1

January 15, 2013

By Doug Austin

2012 was quite a year from an eDiscovery standpoint, with a number of cases that impacted how organizations handle discovery. As we did last year, it seems appropriate to review cases from 2012 before moving forward to this year. eDiscoveryDaily published 98 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Perhaps you missed some of these? Now is your chance to catch up!

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More Self-Documentation Features for Review Solutions – eDiscovery Best Practices

December 07, 2012

By Doug Austin

As we discussed yesterday, one feature of review solutions that often gets overlooked is the ability for the review solution to automatically document searching and review activities. Not only does that make it easier to identify potential issues in the process; it also facilitates the ability for attorneys to demonstrate a defensible approach to discovery to the court. Let’s discuss two other areas where self-documentation can assist in the discovery analysis and review process.

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When Considering Review Solutions, Don’t Forget About Self-Documentation – eDiscovery Best Practices

December 06, 2012

By Doug Austin

When evaluating eDiscovery review solutions, there are a number of features that attorneys consider as part of their selection process. For example: What searching capabilities does the solution have? How does it handle native files? How does it support annotations and redactions of images? Can it support conceptual clustering and predictive coding? But, one feature that often gets overlooked is the ability for the review solution to automatically document searching and review activities. Not only does that make it easier to identify potential issues in the process; it also facilitates the ability for attorneys to demonstrate a defensible approach to discovery to the court.

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New eDiscovery Guidelines for Northern District of California – eDiscovery Trends

December 04, 2012

By Doug Austin

The U.S. District Court for the Northern District of California has announced new Guidelines for counsel and litigants regarding the discovery of electronically stored information (“ESI”) effective as of last Tuesday (November 27). The Guidelines were developed by a bench-bar committee chaired by Magistrate Judge Elizabeth D. Laporte in partnership with the Court’s Rules Committee and unanimously approved by the entire Court.

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EDBP.com, A Lawyer Centric Work Flow Model for eDiscovery – eDiscovery Best Practices

October 04, 2012

By Doug Austin

Take a closer look – that’s not the EDRM model you see above. It’s the new EDBP model. EDBP stands for Electronic Discovery Best Practices and is the brainchild of Ralph Losey, whose e-Discovery Team® blog is one of the must-read blogs (and one of the most in-depth) in the industry. Ralph is also National e-Discovery Counsel with the law firm of Jackson Lewis, LLP, an Adjunct Professor at the University of Florida College of Law teaching eDiscovery and advanced eDiscovery and has also previously been a thought leader interviewee on this blog. Other than all that, he’s not very busy.

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eDiscovery Daily is Two Years Old Today!

September 20, 2012

By Doug Austin

It’s hard to believe that it has been two years ago today since we launched the eDiscoveryDaily blog. Now that we’ve hit the “terrible twos”, is the blog going to start going off on rants about various eDiscovery topics, like Will McAvoy in The Newsroom? Maybe. Or maybe not. Wouldn’t that be fun! Here are some highlights from the past six months.

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