www.cloudninediscovery.com

Subscription Center

Sign up to receive eDiscovery Daily's articles via email or add the RSS feed to your newsreader of choice.

  • RSS Feed

Library

Browse eDiscovery Daily Blog

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.

Searching

Those Pesky Email Signatures and Disclaimers - eDiscovery Best Practices

October 24, 2014

By Doug Austin

Are email signatures and disclaimers causing more trouble than they’re worth? According to one author, perhaps they are.

Read more

Text Overlays on Image-Only PDF Files Can Be Problematic - eDiscovery Best Practices

October 23, 2014

By Doug Austin

Recently, we at CloudNine Discovery received a set of Adobe PDF files from a client that raised an issue regarding the handling of those files for searching and reviewing purposes. The issue serves as a cautionary tale for those working with image-only PDFs in their document collection. Here’s a recap of the issue.

Read more

How Mature is Your Organization in Handling eDiscovery? - eDiscovery Best Practices

October 07, 2014

By Doug Austin

A new self-assessment resource from EDRM helps you answer that question. A few days ago, EDRM announced the release of the EDRM eDiscovery Maturity Self-Assessment Test (eMSAT-1), the “first self-assessment resource to help organizations measure their eDiscovery maturity”. Find out more about it here.

Read more

Court Approves Use of Predictive Coding, Disagrees that it is an "Unproven Technology" - eDiscovery Case Law

October 06, 2014

By Doug Austin

In Dynamo Holdings v. Commissioner of Internal Revenue, Texas Tax Court Judge Ronald Buch ruled that the petitioners “may use predictive coding in responding to respondent's discovery request” and if “after reviewing the results, respondent believes that the response to the discovery request is incomplete, he may file a motion to compel at that time”.

Read more

Proximity, Not Absence, Makes the Heart Grow Fonder - Best of eDiscovery Daily

September 26, 2014

By Doug Austin

Recently, I assisted a large corporate client where there were several searches conducted across the company’s enterprise-wide document management systems (DMS) for ESI potentially responsive to the litigation. Some of the individual searches on these systems retrieved over 200,000 files by themselves! Here is how we made those searches more precise.

Read more

Don’t Get “Wild” with Wildcards – Best of eDiscovery Daily

September 23, 2014

By Doug Austin

Several months ago, I provided search strategy assistance to a client that had already agreed upon several searches with opposing counsel. One search related to mining activities, so the attorney decided to use a wildcard of “min*” to retrieve variations like “mine”, “mines” and “mining”. That one search retrieved over 300,000 files with hits. Why? Let's see.

Read more

Is Technology Assisted Review Older than the US Government? - eDiscovery Trends

September 19, 2014

By Doug Austin

A lot of people consider Technology Assisted Review (TAR) and Predictive Coding (PC) to be new technology. We attempted to debunk that as myth last year after our third annual thought leader interview series by summarizing comments from some of the thought leaders that noted that TAR and PC really just apply artificial intelligence to the review process. But, the foundation for TAR may go way farther back than you might think.

Read more

Court Rules to Limit Scope of Discovery, Noting that “Searching for ESI is only one discovery tool” - eDiscovery Case Law

September 15, 2014

By Doug Austin

In United States v. Univ. of Neb. at Kearney, Nebraska Magistrate Judge Cheryl R. Zwart denied the government’s motion to compel discovery, finding that “ESI is neither the only nor the best and most economical discovery method for obtaining the information the government seeks” and stating that searching for ESI “should not be deemed a replacement for interrogatories, production requests, requests for admissions and depositions”.

Read more

Though it was "Switching Horses in Midstream", Court Approves Plaintiff's Predictive Coding Plan - eDiscovery Case Law

September 08, 2014

By Doug Austin

In Bridgestone Americas Inc. v. Int'l Bus. Mach. Corp., Tennessee Magistrate Judge Joe B. Brown, acknowledging that he was “allowing Plaintiff to switch horses in midstream”, nonetheless ruled that that the plaintiff could use predictive coding to search documents for discovery, even though keyword search had already been performed.

Read more

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!

Read more

Court Sides with Defendant in Dispute over Predictive Coding that Plaintiff Requested - eDiscovery Case Law

August 29, 2014

By Doug Austin

In the case In re Bridgepoint Educ., Inc., Securities Litigation, California Magistrate Judge Jill L. Burkhardt ruled that expanding the scope of discovery by nine months was unduly burdensome, despite the plaintiff’s request for the defendant to use predictive coding to fulfill its discovery obligation and also approved the defendants' method of using search terms to identify responsive documents for the already reviewed three individual defendants, directing the parties to meet and confer regarding the additional search terms the plaintiffs requested.

Read more

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.

Read more

Court Rules in Dispute Between Parties Regarding ESI Protocol, Suggests Predictive Coding - eDiscovery Case Law

July 03, 2014

By Doug Austin

In a dispute over ESI protocols in FDIC v. Bowden, Georgia Magistrate Judge G. R. Smith approved the ESI protocol from the FDIC and suggested the parties consider the use of predictive coding.

Read more

EDRM Introduces Search Intent Framework - eDiscovery Trends

July 02, 2014

By Doug Austin

It seems that just about every month EDRM publishes a new standard or guideline for eDiscovery best practices. On Monday, they announced the release of a new Search Intent Framework.

Read more

Want to Craft Better Searches? Use a Dictionary - eDiscovery Best Practices

June 27, 2014

By Doug Austin

On the very first day we launched this blog nearly four years ago, one of our first blog posts was called “Don’t Get ‘Wild’ with Wildcards” where we showed how a poorly constructed wildcard of “min*” to retrieve variations like “mine”, “mines” and “mining” actually retrieved over 300,000 files with hits because there are 269 words in the English language that begin with the letters “min” (such as words like “mink”, “mind”, “mint” and “minion”). So, how do you find the actual variations of the word you want? Use a dictionary.

Read more

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.

Read more

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.

Read more

Court Rules that Unilateral Predictive Coding is Not Progressive - eDiscovery Case Law

June 09, 2014

By Doug Austin

In In Progressive Cas. Ins. Co. v. Delaney, Nevada Magistrate Judge Peggy A. Leen determined that the plaintiff’s unannounced shift from the agreed upon discovery methodology, to a predictive coding methodology for privilege review was not cooperative. Therefore, the plaintiff was ordered to produce documents that met agreed-upon search terms without conducting a privilege review first.

Read more

Plaintiff’s Failure to Communicate with Defendants Causes Complications in Discovery – eDiscovery Case Law

May 19, 2014

By Doug Austin

In Procaps S.A. v. Patheon Inc., the defendants filed a Motion to Compel over search terms for Electronically Stored Information (ESI), after the lead counsel for the plaintiffs repeatedly demonstrated uncooperative behavior by not responding to emails sent by defendants’ counsel, or responding with brief and unclear messages.

Read more

Another Instance Where Word is Not So Smart - eDiscovery Best Practices

May 15, 2014

By Doug Austin

Way back within the first couple of months after this blog was launched, we discussed those stupid “smart quotes” in Microsoft® Word where Word, by default, automatically changes straight quotation marks ( ' or " ) to curly quotes as you type. There’s another way where Word isn’t so smart, unless you know the workaround, which I just learned this week.

Read more

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.

Read more

Searching for Individuals Isn’t as Straightforward as You Think – eDiscovery Best Practices

April 10, 2014

By Doug Austin

I’ve recently worked with a couple of clients who proposed search terms for key individuals that were a bit limited, so I thought this was an appropriate topic to revisit. When looking for documents in your collection that mention key individuals, conducting a name search for those individuals isn’t always as straightforward as you might think. There are potentially a number of different ways names could be represented and if you don’t account for each one of them, you might fail to retrieve key responsive documents – OR retrieve way too many non-responsive documents. Here are some considerations for conducting name searches.

Read more

http://www.cloudninediscovery.com/ondemand/free-software-trial.aspx