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.
You Have to Be Certifiable to be Privacy Shield Approved: eDiscovery Trends
350 350 Doug Austin

At a session at The Master’s Conference Chicago event this week, there was an entire session dedicated to international eDiscovery and privacy considerations. Some of the discussion centered around the General Data Protection Regulation (GDPR), which is set to take effect next year (in almost exactly one year). Most of the rest of the discussion centered around the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks. Here’s how U.S. businesses can become Privacy Shield certified and how many eDiscovery providers currently are certified.

read more
Where Does One Find Bitcoin to Pay the Hacker When Your Computer is Locked? An ATM, Of Course!: Cybersecurity Trends
378 333 Doug Austin

Needless to say, cybersecurity and its challenges have become even more of a hot topic than ever, with ransomware stories becoming more prevalent. If you want to learn more about how to prevent ransomware attacks, check out the bottom of this post. Regardless, based on a recent article, the currency used to pay those hackers their ransom is easier to come by than ever.

read more
Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests: eDiscovery Case Law
479 270 Doug Austin

In Wal-Mart Stores, Inc. et. al. v. Texas Alcoholic Beverages Commission, et. al., Texas Magistrate Judge Andrew W. Austin (no relation) denied the defendant’s motion to overrule the plaintiff’s objections to the defendant’s discovery requests, due to the fact that the plaintiff stated it was withholding documents based on each of the objections.

read more
“Master” Your Knowledge of eDiscovery With This Conference in Chicago Today: eDiscovery Trends
383 322 Doug Austin

For the second year in a row, I’m participating in The Master’s Conference 2017 Chicago event, which happens to be today. If you’re in the Chicago area today, join me and other legal technology experts and professionals at The Master’s Conference event for a full day of educational sessions covering a wide range of topics!

read more
The Tenth Annual eDiscovery Training Academy at Georgetown Law is Next Month: eDiscovery Best Practices
227 322 Doug Austin

I’ve been remiss in not covering this before now, but the 10th Annual eDiscovery Training Academy will be coming up in a couple of weeks at the Georgetown University Law Center. If you want a really in-depth training course with highly respected and knowledgeable instructors, this is as good a course as there is.

read more
Is Pricing Transparency Finally Happening in eDiscovery?: eDiscovery Trends
342 343 Doug Austin

An age old issue in eDiscovery has been understanding and comparing pricing between various vendors and service providers. It’s the old “apples vs. oranges” comparison when considering pricing. A new article, which references a terrific benchmark test, may show that pricing transparency by at least two eDiscovery providers may be finally helping put eDiscovery pricing on common ground.

read more
Reporting From the EDRM-Duke Law 2017 Spring Workshop: eDiscovery Best Practices
480 640 Doug Austin

This week, EDRM held its first Spring Workshop since it was acquired by Duke Law last August, which means this was the first workshop held at the Duke campus in Durham, North Carolina and it was unique in several ways. Here are a few of highlights from the workshop.

read more
Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Says Rule 37(e) Doesn’t Apply When Recording Was Intentionally Deleted: eDiscovery Case Law
479 270 Doug Austin

In Hsueh v. N.Y. State Dep’t of Fin. Services, New York District Judge Paul A. Crotty relied upon inherent authority to impose sanctions and determined “that an adverse inference is the appropriate remedy” for the plaintiff’s deletion of a recorded conversation with an HR representative, agreeing with the defendants that “Rule 37(e) applies only to situations where ‘a party failed to take reasonable steps to preserve’ ESI; not to situations where, as here, a party intentionally deleted the recording.”

read more
Ransomware Makes You Wanna Cry: Cybersecurity Trends
341 341 Doug Austin

This must be our month for ransomware stories. Unless you have been living under a rock for the past several days, you’ve undoubtedly heard about the WannaCry virus that has been attacking Microsoft© Windows machines without up to date security protections. If you have been living under a rock, allow me to provide some information here.

read more
It’s Not the Size That Matters, It’s What You Do With It: eDiscovery Best Practices
339 258 Doug Austin

Get your minds out of the gutter – I’m talking about the size of your data collection. We certainly have talked a lot about the impact of Big Data and the Internet of Things on this blog as new challenges presented to today’s attorneys, and they are, but challenges have always existed for attorneys in managing data and documents in litigation. An article from last week reminds us that, regardless of how much data we’re dealing with or where it comes from, discovery is still about strategy.

read more