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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.

Proportionality

Court Orders Sharing of Costs for Forensic Examination of Plaintiff’s Emails – eDiscovery Case Law

July 18, 2014

By Doug Austin

In Zeller v. So. Central Emergency Med. Servs. Inc., Pennsylvania Magistrate Judge Karoline Mehalchick used the Zubulake seven factor test to rule that the costs for restoring and searching the plaintiff's emails should be shared, up to a maximum contribution by $1,500 by the plaintiff.

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Court Denies Defendant’s Request to Image Plaintiff’s PCs Three Years after Termination – eDiscovery Case Law

July 14, 2014

By Doug Austin

In Downs v. Virginia Health Systems, Virginia Magistrate Judge James G. Welsh, citing proportionality and privacy concerns, denied the defendant’s motion to compel the mirror imaging of the Plaintiff’s personal computers nearly three years after she had been terminated.

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Are eDiscovery Vendor Fees "Unconscionable"? - eDiscovery Best Practices

July 10, 2014

By Doug Austin

Could an eDiscovery vendor actually charge nearly $190,000 to process 505 GB and host it for three months? According to a recent post by Craig Ball in his Ball in Your Court blog, the answer is yes – based on a sworn affidavit from an eDiscovery expert leading a national litigation support vendor.

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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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Portions of Plaintiff’s Motion to Compel eDiscovery Ruled as "Overbroad" and "Moot" Reaffirmed by District Court - eDiscovery Case Law

June 16, 2014

By Doug Austin

In Elkharwily v. Mayo Holding Co., Minnesota District Judge David S. Doty overruled the plaintiff’s objection to a magistrate judge’s order that denied in part the plaintiff’s motion to compel discovery, labeling some requests as overbroad or moot, particularly after the defendant contended it had already produced the requested discovery materials.

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Court Denies Defendant’s Request for Deposition Regarding Plaintiff’s Discovery Search Tools - eDiscovery Case Law

June 13, 2014

By Doug Austin

In Koninklijke Philips N.V. v. Hunt Control Sys., Inc., New Jersey Magistrate Judge James B. Clark III granted the plaintiff’s protective order to prevent the defendant from proceeding with a new deposition to review whether the plaintiff had used “appropriate search tools for ESI discovery,” after the requested discovery documents had already been produced.

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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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Another Case Where Some eDiscovery Costs are Disallowed - eDiscovery Case Law

May 30, 2014

By Doug Austin

In Kwan Software Engineering v. Foray Technologies, the amount of the defendant’s previously awarded costs were significantly reduced following the partial granting of the plaintiff’s Motion for Review of Clerk’s Taxation of Costs, after California District Judge Susan Illston ruled that the majority of the costs requested were not recoverable.

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Predictive Analytics: It’s Not Just for Review Anymore – eDiscovery Trends

April 29, 2014

By Doug Austin

One of the most frequently discussed trends in this year’s annual thought leader interviews that we conducted was the application of analytics (including predictive analytics) to Information Governance. A recent report published in the Richmond Journal of Law & Technology addresses how analytics can be used to optimize Information Governance.

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Smaller Law Firms Save Big with Cloud-Based eDiscovery - eDiscovery Trends

April 01, 2014

By Doug Austin

According to a new article in ABA Journal (Cloud-based e-discovery can mean big savings for smaller firms, written by Joe Dysart), if you are a smaller law firm, it may make more sense to “rent” your eDiscovery applications in the “cloud” rather than bring a full-fledged hardware and software solution in-house.

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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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Electronic Discovery Dispute Sees Court Requesting Cooperation from Both Parties to Avoid "Court-Ordered Middle Ground" - eDiscovery Case Law

March 24, 2014

By Doug Austin

In Fort Worth Employees’ Retirement Fund v. J.P. Morgan Chase & Co., a complex discovery dispute arose during the process of this securities action lawsuit revolving around the defendants’ loan products and offerings with regards to a specific consumer class, in which the plaintiffs filed a motion to compel an expanded discovery.

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Ralph Losey of Jackson Lewis, LLP – eDiscovery Trends

March 17, 2014

By Doug Austin

Today’s thought leader is Ralph Losey. Ralph is an attorney in private practice with the law firm of Jackson Lewis, LLP, where he is a Shareholder and the firm's National e-Discovery Counsel. Ralph is also a prolific author of eDiscovery books and articles, the principal author and publisher of the popular e-Discovery Team® Blog, founder and owner of an online training program, e-Discovery Team Training, with attorney and technical students all over the world, founder of the new Electronic Discovery Best Practices (EDBP) lawyer-centric work flow model. Ralph is also the publisher of LegalSearchScience.com and PreSuit.com on predictive coding methods and applications.

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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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Alon Israely, Esq., CISSP of BIA – eDiscovery Trends

March 05, 2014

By Doug Austin

Today’s thought leader is Alon Israely. Alon is the Manager of Strategic Partnerships at Business Intelligence Associates, Inc. (BIA) and currently leads the Strategic Partner Program at BIA. Alon has over eighteen years of experience in a variety of advanced computing-related technologies and has consulted with law firms and their clients on a variety of technology issues, including expert witness services related to computer forensics, digital evidence management and data security. Alon is an attorney and a Certified Information Systems Security Professional (CISSP).

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eDiscovery Conference for Small to Medium Cases - eDiscovery Trends

March 04, 2014

By Doug Austin

Last week, I told you about a two-day program being hosted in my hometown of Houston by The Sedona Conference®. Here is another conference that you can attend no matter where you are, for a very reasonable price!

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James D. Zinn, Managing Director of Huron Consulting Group – eDiscovery Trends

February 28, 2014

By Doug Austin

Today’s thought leader is James D. Zinn. James is Managing Director of Huron Consulting Group. James leads the technology team at Huron Legal, which includes the data collection, processing, hosting, production, and forensic analysis services along with infrastructure, support, and software development. James has extensive experience managing the strategic and tactical use of technology within investigative and litigation consulting matters.

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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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Search Process for ESI Called into Question, but Court Denies Sanctions for Plaintiff - eDiscovery Case Law

February 13, 2014

By Doug Austin

In Brown v. West Corp., the plaintiff filed a motion to compel, claiming the defendant had been insufficient in its handling of searching for Electronically Stored Information (ESI) relevant to discovery. The plaintiff additionally contested a prior order from a magistrate judge, requiring the defendant to explain its search processes to the defendant. Ultimately, Nebraska Senior District Judge Lyle E. Strom denied the requested sanctions and rejected the challenge to the prior order.

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ESI Cost Budget Calculator - eDiscovery Best Practices

January 28, 2014

By Doug Austin

Last month, we discussed budget calculators available from the Metrics section of the Electronic Discovery Reference Model (EDRM) web site. So far, we have reviewed three budget calculators, the E-Discovery Cost Estimator for Processing and Review, the Doc Review Cost Calculator and the EDRM UTBMS eDiscovery Code Set Calculator. Here is the fourth and final calculator (currently) on the site, the ESI Cost Budget Calculator, provided by Browning Marean, DLA Piper law firm.

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Federal Circuit Reduces Award for Defendants Based on Costs of Digital Copies - eDiscovery Case Law

January 27, 2014

By Doug Austin

In Phillip M. Adams & Associates, L.L.C. v. Sony Electronics Inc., a Federal Circuit court limited awards for the defendant with regard to the costs of digital copies, in a decision that followed the reasoning of the Third Circuit and Fourth Circuit in prior cases.

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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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