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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

Litigation Support Tools of the Trade - eDiscovery Best Practices

September 16, 2014

By Doug Austin

If you have worked in litigation support for a number of years like I have, you start to assemble a toolkit of applications that help you get your job done more quickly and efficiently. In her excellent Litigation Support Guru blog, Amy Bowser-Rollins has recently published a series of posts that describe tools of the trade that she recommends to litigation support “newbies”. Let’s take a look.

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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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The Pitfalls of Self-Culling and Image Files - eDiscovery Best Practices

June 10, 2014

By Doug Austin

There’s a common mistake that organizations make when collecting their own files to turn over for discovery purposes. Many attorneys turn over the collection of potentially responsive files to the individual custodians of those files, or to someone in the organization responsible for collecting those files (typically, an IT person) and the self-collection involves “self-culling” through the use of search terms. When this happens, important files can be missed.

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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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