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.
SCOTUS to Take On Microsoft Ireland Case: eDiscovery Trends
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A few months ago, we reported that the Department of Justice had asked the U.S. Supreme Court to overturn that landmark appeals court decision handed down last summer in favor of Microsoft Corp. that put their company data stored overseas mostly out of reach of U.S. law enforcement. Yesterday, SCOTUS, at the urging of a whopping thirty-three states, agreed to take the case.

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Court Characterizes Plaintiff’s Request for Spoliation of Images Still Available as “Frivolous”: eDiscovery Case Law
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In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, New York District Judge Jesse M. Furman denied the Plaintiffs’ motion for spoliation sanctions for failing to preserve web pages containing disputed images, and motion in limine to preclude the testimony of a defense expert witness for failing to list him in the defendant’s initial disclosures.

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Plaintiff Sanctioned for Preserving Only Scanned Copy of Journal and Destroying the Original: eDiscovery Case Law
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In Mitcham v. Americold Logistics, LLC, Colorado Magistrate Judge Nina Y. Wang granted (in part) the defendant’s motion for sanctions for the plaintiff’s delay in producing a copy of a journal she kept while employed by the defendant and for her failure to produce the original copy of the journal by granting leave to re-open the plaintiff’s deposition for an additional two hours to examine the plaintiff about the journal and associated fees and expenses, but denied the defendant’s request for fees and expenses associated with the filing of the instant Motion and denied the defendant’s request for an adverse inference instruction.

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Webcast: Murphy’s eDiscovery Law – How to Keep What Could Go Wrong From Going Wrong (December 1, 2017)
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This CLE-approved webcast will discuss examples of recent eDiscovery disasters and highlight the common characteristics of those disasters.

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Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Cost: eDiscovery Best Practices
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Budgetary constraints are a common hurdle for law firms and legal departments seeking to address the legal, technological, and business elements of eDiscovery. This economic constraint is compounded by the lack of consistency, predictability, and transparency in the pricing of many software offerings, regardless of whether they are on-premise or off-premise, or based on emerging or mature technologies.

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Thanks to ACEDS, Today’s the Day to Learn Whether an On-Premise or Off-Premise Solution is Right For You: eDiscovery Best Practices
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When consumers are considering their eDiscovery technology choices, there are more factors to consider today than ever. In addition to considering the functionality of the software application, you now also have to consider whether to buy or “rent” the application, how the software is delivered to you and whether it’s required to be within your firewall or can be an off-premises solution. Thanks to ACEDS, you can learn today how to sort out those factors and make an educated solution selection.

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Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Complexity: eDiscovery Best Practices
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The ability of eDiscovery software to deal with data complexity such as being able to ingest and process an increasing number of data formats is one of the most important challenges faced by eDiscovery professionals today. In fact, according to the Summer 2017 eDiscovery Business Confidence Survey, almost 22% of 101 eDiscovery ecosystem respondents highlighted that the challenge of increasing types of data would have the biggest impact on their business during the next six months.

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“Master” Your Knowledge of eDiscovery With This Conference in Washington DC This Week: eDiscovery Trends
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If you’re going to be in the Washington DC area this Thursday and/or Friday, October 12th and 13th, join me and other legal technology experts and professionals at The Master’s Conference DC event. It’s a day and a half of educational sessions covering a wide range of topics!

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Court Denies Motions to Compel Against Various Defendants, For Various Reasons: eDiscovery Case Law
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In Blosser v. Ashcroft, Inc., et al., Washington District Judge Benjamin H. Settle settled this dispute for now between the plaintiffs and three defendants over discovery disputes by denying the plaintiffs’ motions to compel against all three defendants, two of them without prejudice.

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Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Capability: eDiscovery Best Practices
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Once the security of a potential solution has been considered, the next reasonable area of examination and evaluation is that of capability. Assessing capability is just determining whether or not a solution can accomplish the necessary tasks required in an eDiscovery effort. While there are not always discernible differences in the capabilities of on-premise and off-premise offerings, there are some characteristics to consider as they may be indicators of the ability of a solution to meet actual needs as opposed to perceived needs.

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