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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.

Review

A Technical Explanation of Near-Dupes – eDiscovery Tutorial

August 09, 2013

By Doug Austin

Bill Dimm provides a comprehensive and interesting description of near-dupes and the algorithms used to identify them in his Clustify blog (What is a near-dupe, really?). If you want to understand the “three reasonable, but different, ways of defining the near-dupe similarity between two documents”, bring your brain and check it out.

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Data May Be Doubling Every Couple of Years, But How Much of it is Original? – eDiscovery Best Practices

July 31, 2013

By Doug Austin

According to the Compliance, Governance and Oversight Council (CGOC), information volume in most organizations doubles every 18-24 months. However, just because it doubles doesn’t mean that it’s all original. Like a bad cover band singing Free Bird, the rendition may be unique, but the content is the same. The key is limiting review to unique content.

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Good Processing Requires a Sound Process – eDiscovery Best Practices

July 26, 2013

By Doug Austin

As we discussed yesterday, working with electronic files in a review tool is NOT just simply a matter of loading the files and getting started. Electronic files are diverse and can represent a whole collection of issues to address in order to process them for loading. To address those issues effectively, processing requires a sound process.

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The Files are Already Electronic, How Hard Can They Be to Load? – eDiscovery Best Practices

July 25, 2013

By Doug Austin

Since hard copy discovery became electronic discovery, I’ve worked with a number of clients who expect that working with electronic files in a review tool is simply a matter of loading the files and getting started. Unfortunately, it’s not that simple!

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Plaintiffs Take the Supreme Step in Da Silva Moore – eDiscovery Case Law

July 12, 2013

By Doug Austin

As mentioned in Law Technology News ('Da Silva Moore' Goes to Washington), attorneys representing lead plaintiff Monique Da Silva Moore and five other employees have filed a petition for certiorari filed with the Supreme Court arguing that New York Magistrate Judge Andrew Peck, who approved an eDiscovery protocol agreed to by the parties that included predictive coding technology, should have recused himself given his previous public statements expressing strong support of predictive coding.

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“Not Me”, The Fallibility of Human Review – eDiscovery Best Practices

June 20, 2013

By Doug Austin

When I talk with attorneys about using technology to assist with review (whether via techniques such as predictive coding or merely advanced searching and culling mechanisms), most of them still seem to question whether these techniques can measure up to good, old-fashioned human attorney review. Despite several studies that question the accuracy of human review, many attorneys still feel that their review capability is as good or better than technical approaches. Here is perhaps the best explanation yet why that may not be the case.

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Motion to Compel Dismissed after Defendant Agrees to Conditional Meet and Confer – eDiscovery Case Law

June 11, 2013

By Doug Austin

In Gordon v. Kaleida Health, New York Magistrate Judge Leslie G. Foschio dismissed (without prejudice) the plaintiffs’ motion to compel the defendant to meet and confer to establish an agreed protocol for implementing the use of predictive coding software after the defendants stated that they were prepared to meet and confer with the plaintiffs and their non-disqualified ESI consultants regarding the defendants' predictive coding process.

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Important Considerations when Negotiating Search Terms with Opposing Counsel – eDiscovery Best Practices

June 06, 2013

By Doug Austin

Negotiating search terms with opposing counsel has become commonplace to agree on the scope of discovery. However, when you negotiate terms with the other side, you could be agreeing to produce more than you think. Craig Ball’s latest article in Law Technology News discusses the issues and tries to answer the question: Are Keywords Just Filters?

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200,000 Visits on eDiscovery Daily! – eDiscovery Milestones

June 03, 2013

By Doug Austin

While we may be “just a bit behind” Google in popularity (900 million visits per month), we’re proud to announce that yesterday eDiscoveryDaily reached the 200,000 visit milestone! It took us a little over 21 months to reach 100,000 visits and just over 11 months to get to 200,000 (don’t tell my boss, he’ll expect 300,000 in 5 1/2 months). When we reach key milestones, we like to take a look back at some of the recent stories we’ve covered, so here are some recent eDiscovery items of interest.

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Never Mind! Plaintiffs Not Required to Use Predictive Coding After All – eDiscovery Case Law

May 28, 2013

By Doug Austin

Remember EORHB v. HOA Holdings, where, in a surprise ruling, both parties were instructed to use predictive coding by the judge? Well, the judge has changed his mind.

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More Updates from the EDRM Annual Meeting – eDiscovery Trends

May 10, 2013

By Doug Austin

Yesterday, we discussed some general observations from the Annual Meeting for the Electronic Discovery Reference Model (EDRM) group and discussed some significant efforts and accomplishments by the (suddenly heavily talked about) EDRM Data Set project. Here are some updates from other projects within EDRM.

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Reporting from the EDRM Annual Meeting and a Data Set Update – eDiscovery Trends

May 09, 2013

By Doug Austin

The Electronic Discovery Reference Model (EDRM) Project was created in May 2005 by George Socha of Socha Consulting LLC and Tom Gelbmann of Gelbmann & Associates to address the lack of standards and guidelines in the electronic discovery market. Now, beginning its ninth year of operation with its annual meeting in St. Paul, MN, EDRM is accomplishing more than ever to address those needs. Here are some highlights from the meeting, and an update regarding the (suddenly heavily talked about) EDRM Data Set project.

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Plaintiffs’ Objections to Defendant’s Use of Keyword Search before Predictive Coding Rejected – eDiscovery Case Law

April 23, 2013

By Doug Austin

In the caseIn Re: Biomet M2a Magnum Hip Implant Products Liability Litigation (MDL 2391), the Plaintiffs’ Steering Committee in a Multi District Litigation objected to the defendant’s use of keyword searching prior to performing predictive coding and requested that the defendant go back to its original set of 19.5 million documents and repeat the predictive coding without performing keyword searching. Indiana District Judge Robert L. Miller, Jr. denied the request.

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Appeals Court Upholds Decision Not to Recuse Judge Peck in Da Silva Moore – eDiscovery Case Law

April 15, 2013

By Doug Austin

As reported by IT-Lex, the Second Circuit of the US Court of Appeals rejected the Plaintiff’s request for a writ of mandamus recusing Magistrate Judge Andrew J. Peck from Da Silva Moore v. Publicis Groupe SA.

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Is it Time to Ditch the Per Hour Model for Document Review? – eDiscovery Trends

April 08, 2013

By Doug Austin

Some of the recent stories involving alleged overbilling by law firms for legal work – much of it for document review – begs the question whether it’s time to ditch the per hour model for document review in place of a per document rate for review?

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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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Fulbright’s Litigation Trends Survey Shows Increased Litigation, Mobile Device Collection – eDiscovery Trends

March 22, 2013

By Doug Austin

According to Fulbright's 9th Annual Litigation Trends Survey released last month, companies in the United States and United Kingdom continue to deal with, and spend more on litigation. From an eDiscovery standpoint, the survey showed an increase in requirements to preserve and collect data from employee mobile devices, a high reliance on self-preservation to fulfill preservation obligations and a decent percentage of organizations using technology assisted review.

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eDiscovery Daily Is Thirty! (Months Old, That Is)

March 21, 2013

By Doug Austin

Thirty months ago yesterday, eDiscovery Daily was launched. It’s hard to believe that it has been 2 1/2 years since our first three posts that debuted on our first day. 635 posts later, a lot has happened in the industry that we’ve covered. And, yes we’re still crazy after all these years for committing to a daily post each business day, but we still haven’t missed a business day yet. Twice a year, we like to take a look back at some of the important stories and topics during that time. So, here are just a few of the posts over the last six months you may have missed. Enjoy!

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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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Craig Ball of Craig D. Ball, P.C. – eDiscovery Trends, Part 3

March 08, 2013

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 1,000 presentations and papers. Craig’s articles on forensic technology and electronic discovery frequently appear in the national media, and he writes a monthly column on computer forensics and eDiscovery for Law Technology News called Ball in your Court, as well as blogs on those topics at ballinyourcourt.com.

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

March 07, 2013

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 1,000 presentations and papers. Craig’s articles on forensic technology and electronic discovery frequently appear in the national media, and he writes a monthly column on computer forensics and eDiscovery for Law Technology News called Ball in your Court, as well as blogs on those topics at ballinyourcourt.com.

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