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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.

Software as a Service (SaaS)

Ray Zwiefelhofer of World Software (Worldox) – eDiscovery Trends

February 14, 2013

By Doug Austin

Today’s thought leader is Ray Zwiefelhofer of World Software (Worldox). Ray has over twenty years of experience within the technology and legal services market, offering professional, consulting, technology management and product solutions with an emphasis on working with AMLAW 250 & Fortune 500 organizations. He has founded and served in President/CEO/CIO positions at software startups and as a CTO at a Fortune 500 company. Prior to joining World Software, Ray was the Founder/CEO of nQueue a global cost recovery company where he patented and spearheaded the change from a hardware-based to software-based cost recovery model. Ray has also worked previously at include the Thomas Kinkade Network, Bowne, Imagineer, Equitrac and Diebold.

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Does This Scare You? – eDiscovery Horrors!

October 31, 2012

By Doug Austin

Today is Halloween. While we could try to “scare” you with the traditional “frights”, we’re an eDiscovery blog, so every year we try to “scare” you in a different way instead. Does this scare you?

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Twitter Turns Over Tweets in People v. Harris – eDiscovery Case Law

October 03, 2012

By Doug Austin

As reported by Reuters, Twitter has turned over Tweets and Twitter account user information for Malcolm Harris in People v. Harris, after their motion for a stay of enforcement was denied by the Appellate Division, First Department in New York and they faced a finding of contempt for not turning over the information. Twitter surrendered an “inch-high stack of paper inside a mailing envelope” to Manhattan Criminal Court Judge Matthew Sciarrino, which will remain under seal while a request for a stay by Harris is heard in a higher court.

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eDiscovery Daily is Two Years Old Today!

September 20, 2012

By Doug Austin

It’s hard to believe that it has been two years ago today since we launched the eDiscoveryDaily blog. Now that we’ve hit the “terrible twos”, is the blog going to start going off on rants about various eDiscovery topics, like Will McAvoy in The Newsroom? Maybe. Or maybe not. Wouldn’t that be fun! Here are some highlights from the past six months.

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eDiscovery Case Law: Twitter Loses Appeal in People v. Harris

September 19, 2012

By Doug Austin

As reported in the Gibbons E-Discovery Law Alert blog, Twitter filed an appeal of the trial court’s decision in People v. Harris with the Appellate Division, First Department in New York, arguing that Twitter users have the right to quash subpoenas pursuant to Twitter’s terms of service agreement as well as because defendants’ constitutional rights are implicated by a government-issued subpoena to a third party. Unfortunately for Twitter, it didn’t take long for the appellate court panel to rule, as they denied Twitter’s motion for a stay of enforcement of the Trial Court’s order to produce Malcolm Harris’s tweets last week.

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eDiscovery Milestones: Our 500th Post!

August 30, 2012

By Doug Austin

One thing about being a daily blog is that the posts accumulate more quickly. As a result, I’m happy to announce that today is our 500th post on eDiscoveryDaily! In less than two years of existence! So, what have we covered over the first 499 posts?

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eDiscovery Trends: Cloud Computing – A Lot of Benefit for the Cost

August 21, 2012

By Doug Austin

An interesting article in The Metropolitan Corporate Counsel provides some useful, well-described benefits of cloud computing for eDiscovery (Cloud Computing And E-Discovery: Maximum Gain, Minimum Cost, written by Miró Cassetta). The author provides some good analogies to explain the different cloud service models, differences between private and public clouds and the benefits of using a Software-as-a-Service (SaaS) application. Let’s take a look.

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eDiscovery Trends: Use of Internet-Based Tools, Predictive Coding, Up in 2012, Says ABA

August 16, 2012

By Doug Austin

According to a recently released report from the American Bar Association (ABA), use of Internet-based electronic discovery tools and predictive coding has risen in 2012. The 2012 ABA Legal Technology Survey Report: Litigation and Courtroom Technology (Volume III) discusses the use of technology related to litigation, ranging from hardware used in the courtroom to technology related to eDiscovery and e-filing. It includes a trend report summarizing this year's notable results and highlighting changes from previous years.

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eDiscovery Trends: The Growth of eDiscovery is Transparent

August 09, 2012

By Doug Austin

With data in the world doubling every two years or so and the variety of issues that organizations need to address to manage that data from an eDiscovery standpoint, it would probably surprise none of you that the eDiscovery market is growing. But, do you know how quickly the market is growing? One research firm reports their forecast.

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eDiscovery Case Law: Twitter to Appeal Decision in People v. Harris

July 27, 2012

By Doug Austin

As reported by The Wall Street Journal, Twitter plans to appeal a court order requiring the company to produce messages posted by Malcolm Harris, an Occupy Wall Street activist facing criminal charges. He was one of more than 700 people arrested last October when demonstrators marched onto the Brooklyn Bridge roadway.

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eDiscovery Trends: Need to Catch Up on Trends Over the Last Six Weeks? Take a Time Capsule.

July 23, 2012

By Doug Austin

I try to set aside some time over the weekend to catch up on my reading and keep abreast of developments in the industry and although that’s sometimes that’s easier said than done, I stumbled across an interesting compilation of legal technology information from my friend Christy Burke and her team at Burke & Company. On Friday, Burke & Company released The Legal Technology Observer (LTO) Time Capsule on Legal IT Professionals. LTO was a 6 week concentrated collection of essays, articles, surveys and blog posts providing expert practical knowledge about legal technology, eDiscovery, and social media for legal professionals.

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eDiscovery Case Law: “Tweets” Are Public and Must Be Produced, Judge Rules

July 17, 2012

By Doug Austin

First, Malcolm Harris tried to quash a subpoena seeking production of his Tweets and his Twitter account user information in his New York criminal case. That request was rejected, so Twitter then sought to quash the subpoena themselves, claiming that the order to produce the information imposed an “undue burden” on Twitter and even forced it to “violate federal law”. Now, the criminal court judge has ruled on Twitter’s motion.

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eDiscovery Trends: Welcome to LegalTech West Coast 2012!

May 22, 2012

By Doug Austin

Today is the start of LegalTech® West Coast 2012 (LTWC) and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. Over the next two days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered. If you’re in the Los Angeles area, come check out the show – there are a number of sessions (both paid and free) available and 69 exhibitors providing information on their products and services, including (shameless plug warning!) my company, CloudNine Discovery, which just announced today release of Version 11 of our linear review application, OnDemand®, and will be exhibiting at booth #216 along with our partners, First Digital Solutions. Come by and say hi!

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eDiscovery Best Practices: Tips for Saving Money in Litigation

April 05, 2012

By Doug Austin

A recent article on The National Law Journal (entitled Top 12 tips for saving money in litigation, authored by Damon W.D. Wright) had some good tips for – you guessed it – saving money during litigation. I thought it would be worth discussing some of these, especially those that relate to eDiscovery cost savings practices.

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eDiscovery Trends: Brian Schrader of Business Intelligence Associates (BIA)

February 24, 2012

By Doug Austin

Today’s thought leader is Brian Schrader. Brian is Co-Founder and President of Business Intelligence Associates, Inc. (BIA). Brian is an expert and frequent writer and speaker on eDiscovery and computer forensics topics, particularly those addressing the collection, preservation and processing functions of the eDiscovery process.

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eDiscovery Trends: Small Cases Need Love Too!

January 26, 2012

By Doug Austin

There was an interesting article in Law Technology News from Tom O’Connor, a previous thought leader interviewee on this blog, regarding the dilemma associated with affordability of eDiscovery technology for small cases (entitled Pricing: The Small Case E-Discovery Dilemma). Even though small cases make up the overwhelming majority of cases filed and there is ESI to manage in those cases just like there is in the big cases, eDiscovery technology has historically been cost prohibitive for the cases when compared to the amount at dispute. But, there's hope!

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eDiscovery Trends: Needing “Technology Assisted Review” to Write a Blog Post

January 20, 2012

By Doug Austin

Late on a Thursday night, with a variety of tasks and projects on my plate at the moment, it seems more difficult this night to find a unique and suitable topic for today’s blog post. One thing I often do when looking for ideas is to hit the web and turn to the many resources that I read regularly to stay abreast of developments in the industry. Usually when I do that, I find one article or blog post that “speaks to me” as a topic to talk about on this blog. However, when doing so last night, I found several topics worth discussing and had difficulty selecting just one. So, here are some of the notable articles and posts that I’ve been reviewing.

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eDiscovery Trends: Sampling within eDiscovery Software

January 17, 2012

By Doug Austin

A few months ago, we published a three part series regarding testing your eDiscovery searches using sampling. We discussed how to determine the appropriate sample size to test your search, using a sample size calculator (freely available on the web). We also discussed how to make sure the sample size is randomly selected (again referencing a site freely available on the web for generating the random set). We even walked through an example of how you can test and refine a search using sampling, saving tens of thousands in review costs with defensible results. Instead of having to go to all of these external sites to manually size and generate your random sample set, it’s even better when the eDiscovery ECA or review software you’re using handles that process for you.

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eDiscovery Trends: Our 2012 Predictions

January 12, 2012

By Doug Austin

Yesterday, we evaluated what others are saying and noted popular eDiscovery prediction trends for the coming year. It’s interesting to identify common trends among the prognosticators and also the unique predictions as well. But we promised our own predictions for today, so here they are. One of the nice things about writing and editing a daily eDiscovery blog is that it forces you to stay abreast of what’s going on in the industry. Based on the numerous stories we’ve read (many of which we’ve also written about), and in David Letterman “Top 10” fashion, here are our eDiscovery predictions for 2012.

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eDiscovery Trends: 2012 Predictions – By The Numbers

January 11, 2012

By Doug Austin

With a nod to Nick Bakay, “It's all so simple when you break things down scientifically.” The late December/early January time frame is always when various people in eDiscovery make their annual predictions as to what trends to expect in the coming year. I know what you’re thinking – “oh no, not another set of eDiscovery predictions!” However, at eDiscovery Daily, we do things a little bit differently. We like to take a look at other predictions and see if we can spot some common trends. Ten sets of predictions in all! Here are the trends.

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eDiscovery Trends: Joseph Collins

December 22, 2011

By Jason Krause

Today’s thought leader is Joseph Collins. Joseph is the co-founder and president of VaporStream, which provides recordless communications. Joseph previously worked in the energy marketplace, but has become an advocate for private communication in business, even within the legal community.

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eDiscovery Trends: Joshua Poje

December 19, 2011

By Jason Krause

Today’s thought leader is Joshua Poje. Joshua is a Research Specialist with the American Bar Association’s Legal Technology Resource Center, which publishes the Annual Legal Technology Survey. He is a graduate of DePaul University College of Law and Augustana College.

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