eDiscovery Daily Blog

In addition to its software and professional services, CloudNine also provides extensive education to eDiscovery practitioners as highlighted by its publication of the eDiscovery Daily Blog. Authored and edited by industry expert Doug Austin, the eDiscovery Daily is the go-to resource for thousands of eDiscovery and eDisclosure professionals seeking to keep up with the latest news and case law in the world of digital discovery.
Wife’s Fitbit Leads to Murder Arrest for the Husband: eDiscovery Trends
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At both the Master’s Conference session that I moderated in San Francisco on Tuesday and the webcast that I conducted yesterday, the topic of discovery from IoT (Internet of Things) devices came up. This story illustrates how discovery from IoT devices is becoming more and more important, especially in criminal cases.

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Webcast: What Attorneys Need to Know About Cybersecurity and Data Privacy in 2017
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This webcast will discuss what you need to know today about cybersecurity and data privacy to protect the sensitive data that your organization manages every day.

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Today’s the Day to Learn How to Fix “Pitfalls” and “Potholes” in Your eDiscovery Project: eDiscovery Best Practices
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Today at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast Pitfalls and Potholes to Avoid in Your eDiscovery Projects. This one hour webcast will discuss some of the most common “pitfalls” and “potholes” that you can encounter during the discovery life cycle from Information Governance to Production and how to address them to keep your discovery project on track.

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Sanctions Granted against Defendant for Loss of ESI on Laptop and Hard Drive, Denied for iPhone: eDiscovery Case Law
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In TLS Management and Marketing Services, LLC v. Rodriguez-Toledo, et. al., Puerto Rico Magistrate Judge Bruce J. McGiverin partially granted and partially denied the plaintiff’s motion for spoliation sanctions against the defendants, ordering an adverse-inference instruction for the ESI “willfully discarded or deleted” from one defendant’s laptop and external hard drive. He also ordered the defendants, at their expense, to permit a forensic examination of a flash drive containing ESI from the external hard drive, but denied the request for sanctions for loss of that defendant’s iPhone because the plaintiff failed to establish the time frame when the iPhone was lost.

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Interview with Robert Childress, CEO of The Master’s Conference: eDiscovery Trends
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As I mentioned earlier this month, The Master’s Conference is kicking off its 11th year with an event in San Francisco today. As part of our commitment to eDiscovery education, I’m delighted to be participating in the series again this year. In preparation for today’s kickoff event, I interviewed Robert Childress, CEO of The Master’s Conference to understand how the event came to be and what makes it unique compared to other conferences within the eDiscovery schedule.

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Lack of Cooperation Leads to Court to Order Scope of Discovery for Defendant: eDiscovery Case Law
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In Bird v. Wells Fargo Bank, after the parties could not agree on the parameters and scope of discovery, California Magistrate Judge Erica P. Grosjean ordered the defendant to produce several categories of documents related to the plaintiff’s former employment, disclose its discovery plan, search terms and custodians, produce its document retention policies regarding the destruction of employee emails and produce an initial privilege log.

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The Internet is Even Busier That it Was Last Year: eDiscovery Trends
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About this time last year, I published (or re-published, if you will) a terrific infographic that illustrated what happens within the internet in a typical minute in 2016. Since I will be part of a panel discussion at The Master’s Conference in San Francisco next Tuesday and the topic will be big data and data discovery, I thought it would be good to take a fresh look at what happens in a 2017 internet minute!

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Craig Ball Says That Failure to Preserve Mobile Devices in Litigation is the “M” Word: eDiscovery Best Practices
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In the latest post in his excellent Ball in Your Court blog, Craig Ball has some strong words for attorneys who fail to advise clients to preserve ESI from mobile devices when under a preservation duty.

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Webcast: Legal Hold Notifications from CloudNine
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Delivered as an advanced, integrated, and automated option in CloudNine’s cloud-based, SaaS-delivered simplified eDiscovery automation software, Legal Hold Notifications improve the ability of legal and compliance teams to implement legal holds by providing them with an intuitive and secure tool for marshaling the data preservation process. To learn more about Legal Hold Notifications, visit eDiscovery.co.

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Plaintiff’s Erasure of iPhone Before Forensic Examination Leads to Recommended Dismissal of Case: eDiscovery Case Law
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In Coyne v. Los Alamos National Security, LLC et. al., New Mexico Magistrate Judge Karen B. Molzen recommended that the court grant the defendants’ motion to dismiss after the plaintiff’s erased and reset her iPhone the day before it was produced for forensic examination, the “culmination of her and her husband’s willful failure to comply with their discovery obligations in this case.”

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