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 [email protected]

Social Technology

Daughter’s Facebook Post Voids $80,000 Settlement – eDiscovery Trends

April 15, 2014

By Doug Austin

My boss reminded me that we haven’t had a good social media disaster story in a while, so here goes. I know it’s a few weeks old, but it’s still a good story if you haven’t heard it. As reported a few weeks ago on CNN, the former head of a private preparatory school in Miami lost out an $80,000 discrimination settlement after his daughter boasted about it on Facebook.

Read more

Plaintiff Sanctioned for Spoliation of Digital Evidence in Sexual Harassment Lawsuit – eDiscovery Case Law

April 14, 2014

By Doug Austin

In Calderon v. Corporacion Puertorrique a de Salud, the plaintiff was found to have violated his duty to preserve evidence during the discovery phase of this sexual harassment lawsuit. Sanctions were imposed, though not to the extent requested by the defendants.

Read more

Adam Losey of IT-Lex.org – eDiscovery Trends

March 07, 2014

By Doug Austin

Today’s thought leader is Adam Losey. Adam is president and editor-in-chief of IT-Lex.org, a technology law not-for-profit educational and literary organization and an attorney at Foley & Lardner LLP. Adam also served as an adjunct professor at Columbia University, where he taught electronic discovery as part of Columbia's Information and Digital Resource Management Master's Program.

Read more

2013 eDiscovery Year in Review: eDiscovery Case Law, Part 4

January 21, 2014

By Doug Austin

As we noted on Thursday, Friday and yesterday, eDiscoveryDaily published 78 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to proportionality and the first half of the cases related to sanctions (yes, there were that many). Today, here are the rest of the cases related to sanctions.

Read more

2013 eDiscovery Year in Review: eDiscovery Case Law, Part 1

January 16, 2014

By Doug Austin

It’s time for our annual review of eDiscovery case law! We had more than our share of sanctions granted and denied, as well as disputes over admissibility of electronically stored information (ESI), eDiscovery cost reimbursement, production formats and search parameters, among other things. So, as we did last year and also the year before, let’s take a look back at 2013!

Read more

He Sees You When You’re Sleeping -- eDiscovery Trends

December 09, 2013

By Doug Austin

A recent post in the Law Librarians Blog illustrates not only the different ways in which personal data can be captured, but also the continued growth of devices that might contain that data.

Read more

Crispin v. Christian Audigier Inc. – eDiscovery Replay

November 21, 2013

By Doug Austin

Discoverability of social media content has been a big topic, with several cases addressing the issue. Here's a look back at Crispin v. Christian Audigier Inc., which addresses whether ‘private’ data on social networks is discoverable.

Read more

Court Rejects Defendant’s “Ultra-Broad” Request, Denies Motion to Compel Production – eDiscovery Case Law

September 27, 2013

By Doug Austin

In NOLA Spice Designs, LLC v. Haydel Enters., Inc., Louisiana Magistrate Judge Joseph C. Wilkinson, Jr. denied a motion to compel a plaintiff and its principal (a third-party defendant) to produce their passwords and usernames for all websites with potentially relevant information and to compel a forensic examination of its computers.

Read more

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.

Read more

Can You Figure Out How I Wrote this Blog Post? – eDiscovery Trends

August 12, 2013

By Doug Austin

I have to be honest, this blog post contains quite a bit of content from one of the early posts from this blog. However, there is something different about this version of the content – it looks a bit unusual. Can you figure out how I wrote it? See if you can figure it out before you get to the bottom. I promise I haven’t lost my mind.

Read more

Plaintiff Needs More Than “Mere Hope” to Discover Defendant’s Personal Info – eDiscovery Case Law

August 07, 2013

By Doug Austin

In Salvato v. Miley, a wrongful death action, Florida Magistrate Judge Philip R. Lammens denied the plaintiff’s motion to compel the defendant’s responses to discovery requests “based on Plaintiff's very limited showing as to the relevance of the requested discovery and the broadly drafted discovery requests”.

Read more

Court Compels Discovery of Plaintiff’s Facebook Posts as Relevant – eDiscovery Case Law

July 30, 2013

By Doug Austin

In Moore v. Miller, Colorado Senior District Judge John L. Kane ruled (over the plaintiff’s privacy objections) that the plaintiff’s Facebook posts and activity log must be produced because they related to his claims of physical injury and emotional distress and because the plaintiff put his posts directly at issue by discussing the incident giving rise to the lawsuit online.

Read more

Appellate Court Denies Sanctions for Routine Deletion of Text Messages – eDiscovery Case Law

July 08, 2013

By Doug Austin

In PTSI, Inc. v. Haley, the appellate court denied a motion for spoliation sanctions where the defendants routinely deleted text messages and other data to “clean up” their personal electronic devices: the volume of messages and limited amount of phone storage made it difficult to retain all data and still use the phone for messaging.

Read more

Just a Reminder to Think Before You Hit Send – eDiscovery Best Practices

May 24, 2013

By Doug Austin

With Anthony Weiner’s announcement that he is attempting a political comeback by running for mayor on New York City, it’s worth remembering the “Twittergate” story that ultimately cost his congressional seat in the first place – not to bash him, but to remind all of us how important it is to think before you hit send (even if he did start his campaign by using a picture of Pittsburgh's skyline instead of NYC's -- oops!). Here is another reminder of that fact.

Read more

Plaintiff Receives Adverse Inference Sanction for Deleting Facebook Profile – eDiscovery Case Law

April 16, 2013

By Doug Austin

In Gatto v. United Air Lines, Inc., New Jersey Magistrate Judge Steven C. Mannion issued an adverse inference sanction against the plaintiff for failing to preserve data due to the fact that he either, deactivated his Facebook account and allowed the account to be automatically deleted after fourteen days, or that he deleted the account outright. Judge Mannion denied the defendant’s request for attorney’s fees and costs for “the time and effort it was forced to expend in an effort to obtain discovery”.

Read more

Yet Another Request for Facebook Data Denied – eDiscovery Case Law

April 11, 2013

By Doug Austin

In Potts v. Dollar Tree Stores, Inc., Tennessee District Judge William Haynes ruled that the defendant “lacks any evidentiary showing that Plaintiff's public Facebook profile contains information that will reasonably lead to the discovery of admissible evidence” and, therefore, denied the defendant’s motion to compel regarding same.

Read more

Defendants Sanctioned, Sort Of, for Failure to Preserve Text Messages – eDiscovery Case Law

April 02, 2013

By Doug Austin

In Christou v. Beatport, LLC, Colorado District Judge R. Brooke Jackson ruled that the plaintiffs could introduce evidence at trial to show the defendants failure to preserve text messages after the key defendant’s iPhone was lost. However, the judge also ruled that the defendants could present “evidence in explanation…and argue that no adverse inference should be drawn”.

Read more

Judges and Social Media Don’t Mix Either – eDiscovery Trends

January 25, 2013

By Doug Austin

As a graduate of Baylor University, I thought I would have found a way to work last year’s Heisman Trophy winner, Baylor’s own Robert Griffin III, into a blog post before this year’s Heisman winner, but this story involving Johnny Manziel is too good to pass up as an example of how pervasive social media has become in our daily lives and how it can impact the legal process.

Read more

Another Social Media Request Denied as a “Carte Blanche” Request – eDiscovery Case Law

January 22, 2013

By Doug Austin

In Keller v. National Farmers Union Property & Casualty Co., the defendants filed a motion to compel the plaintiff’s to respond to various discovery requests. While Magistrate Judge Jeremiah Lynch granted their request to compel the plaintiffs to produce medical records, he denied the defendant’s request “to delve carte blanche into the nonpublic sections of Plaintiffs' social networking accounts”.

Read more

2012 eDiscovery Year in Review: eDiscovery Case Law, Part 3

January 17, 2013

By Doug Austin

As we noted the past two days, eDiscoveryDaily published 98 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to social media and the first cases approving technology assisted review. Today, let’s take a look back at cases related to admissibility and the duty to preserve and produce electronically stored information (ESI).

Read more

2012 eDiscovery Year in Review: eDiscovery Case Law, Part 2

January 16, 2013

By Doug Austin

As we noted yesterday, eDiscoveryDaily published 98 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to proportionality and cooperation, privilege and inadvertent disclosures, and eDiscovery cost reimbursement. Today, let’s take a look back at cases related to social media and, of course, technology assisted review(!).

Read more

Class Action Plaintiffs Required to Provide Social Media Passwords and Cell Phones – eDiscovery Case Law

December 20, 2012

By Doug Austin

Considering proportionality and accessibility concerns in EEOC v. Original Honeybaked Ham Co. of Georgia, Colorado Magistrate Judge Michael Hegarty held that where a party had showed certain of its adversaries’ social media content and text messages were relevant, the adversaries must produce usernames and passwords for their social media accounts, usernames and passwords for e-mail accounts and blogs, and cell phones used to send or receive text messages to be examined by a forensic expert as a special master in camera.

Read more

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