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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.

State eDiscovery Rules

300,000 Visits on eDiscovery Daily! - eDiscovery Milestones

May 06, 2014

By Doug Austin

While we haven’t served over 300 billion burgers like McDonald’s, we have provided something to digest each business day for over 43 months. We’re proud to announce that on Friday, eDiscovery Daily reached the 300,000 visit milestone! It took us a little over 21 months to reach 100,000 visits and just over 22 months to triple that to 300,000! When we reach key milestones, we like to take a look back at some of the recent stories we’ve covered, so, in case you missed them, here are some recent eDiscovery items of interest from the past six weeks.

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New California Proposed Opinion Requires eDiscovery Competence – eDiscovery Trends

April 18, 2014

By Doug Austin

If a new proposed opinion in California is adopted, attorneys in that state had better be sufficiently skilled in eDiscovery, hire technical consultants or competent counsel that is sufficiently skilled, or decline representation in cases where eDiscovery is required.

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LitigationWorld Quick Start Guide to Mastering eDiscovery - eDiscovery Best Practices

January 23, 2014

By Doug Austin

Sometimes, it seems like we’re going too fast when trying to explain eDiscovery to attorneys. At least it seems that there are a lot of attorneys that don’t understand the simplest basics. Now, a brand new guide is hoping to help change that. Earlier this month, TechnoLawyer published LitigationWorld Quick Start Guide to Mastering Ediscovery, written by Tom O’Connor, who is a nationally recognized consultant in legal technology.

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Useful eDiscovery Information Resources: The Basics

November 20, 2013

By Jane Gennarelli

Let’s start with a few basic resources that every eDiscovery professional should know about. These are web resources that you should bookmark; resources with content that you need to know; resources that you should check periodically for updates. If you are not yet familiar with these resources, spend a bit of time learning the content. Once you are familiar with that, check them periodically for updates. Don’t lose track of these! They are essential resources for eDiscovery professionals.

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Great Resource for Status of State eDiscovery Rules – eDiscovery Trends

October 15, 2013

By Doug Austin

Ever wonder about your state and what eDiscovery rules it has? Or if it has any at all? The graphic of the US map you see here provides the key.

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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.

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Uninformed Attorneys Are Not in Kansas Anymore – eDiscovery Trends

August 13, 2013

By Doug Austin

“Since March 2012, the U.S. District Court for the District of Kansas has been involved in an intense effort to find ways to ensure that civil litigation actually is handled in the “just, speedy, and inexpensive” manner contemplated by Rule 1 of the Federal Rules of Civil Procedure.” That quote is from a Rule 1 Task Force Update, issued by the U.S. District Court in Kansas regarding efforts to create newly released guidelines for electronic data discovery.

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Want to Make eDiscovery Proportional? Tie it to the Amount at Stake – eDiscovery Trends

July 16, 2013

By Doug Austin

Apparently, the effect of the proposed amendments to the discovery provisions of the Federal Rules of Civil Procedure approved for public comment may not be limited to just Federal courts. They also could have a significant effect on New York's state courts as well.

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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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Minnesota Implements Changes to eDiscovery Rules – eDiscovery Trends

April 30, 2013

By Doug Austin

Last week, we reported on potential amendments to the discovery provisions of the Federal Rules of Civil Procedure that could be adopted within the year. States are busy with changes too. One such state is Minnesota, which has amending its rules to emphasize proportionality, collaboration, and informality in the discovery process.

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Adam Losey of IT-Lex.org – eDiscovery Trends, Part 2

March 26, 2013

By Doug Austin

During our recently concluded thought leader interview series, I had intended to line up at least one more interview – with Adam Losey, 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. Under the idea of “better late than never”, I was finally able to speak to Adam and get his thoughts on various eDiscovery topics. Enjoy! :-)

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Adam Losey of IT-Lex.org – eDiscovery Trends, Part 1

March 25, 2013

By Doug Austin

During our recently concluded thought leader interview series, I had intended to line up at least one more interview – with Adam Losey, 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. Under the idea of “better late than never”, I was finally able to speak to Adam and get his thoughts on various eDiscovery topics. Enjoy! :-)

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Chances Are that Delaware Has Been as Busy as Any State in eDiscovery – eDiscovery Trends

January 08, 2013

By Doug Austin

In December of 2011, as previously reported in eDiscoveryDaily, the U.S. District Court for the District of Delaware revised the “Default Standard for Discovery, Including Discovery of Electronically Stored Information (ESI)” to reflect changes in technology and to address concerns of attorneys regarding the discovery of ESI. As of January 1, 2013, more changes are in effect in Delaware.

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Litigation 101 for eDiscovery Tech Professionals: The Rules

December 19, 2012

By Jane Gennarelli

As a litigation technology professional, you are probably very knowledgeable about electronic discovery and the Electronic Discovery Reference Model, so we’re not going to spend time discussing the technical aspects of eDiscovery. I would, however, like to address how electronic discovery fits into the bigger litigation picture, and how it has affected the practice of litigation. And we’ll start with how it affected the courts’ rules for how a case proceeds.

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New eDiscovery Guidelines for Northern District of California – eDiscovery Trends

December 04, 2012

By Doug Austin

The U.S. District Court for the Northern District of California has announced new Guidelines for counsel and litigants regarding the discovery of electronically stored information (“ESI”) effective as of last Tuesday (November 27). The Guidelines were developed by a bench-bar committee chaired by Magistrate Judge Elizabeth D. Laporte in partnership with the Court’s Rules Committee and unanimously approved by the entire Court.

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Russell Taber: eDiscovery in Tennessee – eDiscovery Trends

October 30, 2012

By Doug Austin

We spend a lot of time discussing and referencing the Federal Rules of Civil Procedure, especially the changes adopted in 2006 to address handling of electronically stored information (ESI). But, not all cases are Federal jurisdiction cases. Many are state cases and each state (well, most of them anyway) have their own rules regarding eDiscovery. One of those states is Tennessee. Now, for those who practice law in Tennessee and need to address eDiscovery issues, there is a new book available to provide guidance in addressing those issues. Electronic Discovery in Tennessee: Rules, Case Law and Distinctions was written by W. Russell Taber III. I recently interviewed Russell regarding the book and asked him several questions about the book and about eDiscovery in Tennessee in general.

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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 Trends: Florida Supreme Court Adopts New eDiscovery Rule Amendments

September 04, 2012

By Doug Austin

As we discussed last October, the state of Florida has been working to adopt new rules regarding handling of eDiscovery. Earlier this summer, the Supreme Court of Florida approved eDiscovery rule amendments that were proposed by the Florida Bar’s Civil Procedure Rules Standing Committee. The amendments to address Electronically Stored Information (ESI) generally follow the 2006 amendments to the Federal Rules of Civil Procedure, are entirely contained within existing Rules 1.200, 1.201, 1.280, 1.340, 1.350, 1.380 and 1.410 of the Florida Rules of Civil Procedure and went into effect this past Saturday, September 1.

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State eDiscovery Rules: Pennsylvania Supreme Court Amends eDiscovery Rules, Rejects Federal Rules

June 13, 2012

By Doug Austin

Last week, the Pennsylvania Supreme Court adopted amendments to the rules on how discovery of electronically stored information is handled in the state. However, the chairwoman of Pennsylvania’s Civil Procedural Rules Committee, Diane W. Perer, has expressly rejected federal law on the subject in her explanatory comment stating that, despite the adoption of the term “electronically stored information,” “there is no intent to incorporate federal jurisprudence surrounding the discovery of electronically stored information.” Instead, “[t]he treatment of such issues is to be determined by traditional principles of proportionality under Pennsylvania law”.

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eDiscovery Trends: For an Appropriate eDiscovery Outcome, Call the Master

April 30, 2012

By Doug Austin

Special Master, that is. Last week, Fios sponsored a webcast entitled Special Masters & e-Discovery with Craig Ball, who, in addition to being a prolific contributor to continuing legal and professional education programs throughout the US (and previous thought leader interviewee on this blog) has served as court-appointed special master in 30 cases (including at least one case covered here). Not surprisingly, the webcast was very informative, reflecting Craig’s considerable experience and knowledge in having served in that role in so many cases. Here are a few highlights.

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eDiscovery Law: Texas Model Order for Patent eDiscovery Now In the Public Comment Phase

March 07, 2012

By Doug Austin

In a blog post last October, we discussed the new model order proposed by Federal Circuit Chief Judge Randall Rader as a measure against the "excesses" of eDiscovery production. At that time, the "Model Order on E-Discovery in Patent Cases" had been unanimously voted on by the Federal Circuit Advisory Council and, as a result, could significantly alter the way discovery materials are used in such cases. This version of the model order is included in proposed local rule amendment GO-12-06 for the Eastern District of Texas. The amendment has been approved by the judges of the district, subject to public comment, the deadline for which is March 23, a little over two weeks from now.

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eDiscovery Case Law: Practicing Law and Discovery Services Companies Don’t Mix

February 02, 2012

By Doug Austin

Vendors seeking to assist attorneys in offloading substantial portions of discovery-practice need to be careful not to cross the line into the unauthorized practice of law, according to a new ethics opinion by the District of Columbia Bar. On January 12, 2012, the District of Columbia Court of Appeals Committee on the Unauthorized Practice of Law released Opinion 21-12 regarding the “Applicability of Rule 49 to Discovery Services Companies.” This opinion provides guidelines for attorneys and discovery vendors regarding supervision of large-scale document reviews and vendors’ marketing practices, which are intended to prevent the unauthorized practice of law (UPL).

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