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.
Court Adds Some of the Custodians Requested by Plaintiffs to Discovery, But Not All: eDiscovery Case Law
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In Mann, et al. v. City of Chicago, et al, Illinois Magistrate Judge Mary M. Rowland granted in part and denied in part the plaintiffs’ Motion to Compel the defendant to include certain custodians in their email search, ordering the defendant to search emails of five additional custodians (including the Mayor of Chicago), but not requiring the defendant to search emails for an additional three custodians requested by the plaintiff. Judge Rowland also denied the plaintiffs’ request for sanctions, finding that the defendant’s conduct was not sanctionable.

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To No One’s Surprise, Worldwide Spending on Cybersecurity is Up: Cybersecurity Trends
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Can you guess what the global spend on cybersecurity will be this year? Gartner recently provided a forecast, see how close you can come to guessing the amount. The answer is in this post – the picture of this well-known astronomer should provide some clue.

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Lucky Seven! eDiscovery Daily is Seven Years Old!
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Believe it or not, it has been seven years ago today since we launched the eDiscovery Daily blog!

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Google Goes 0 For 2 in its Request for Review of SCA Warrant Cases: eDiscovery Case Law
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As Tom O’Connor and I discussed last week in our ACEDS webinar Key eDiscovery Case Law Review for First Half of 2017, Google was ordered earlier this year to produce foreign stored emails by judges in California and Pennsylvania in response to government warrants. Last month, Google’s request for review on the two cases (and interpretation of Section 2703 of the Stored Communications Act of 1986) didn’t change the results.

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“Primed” to Learn About Rule 34 of the FRCP? Here’s a New Primer from The Sedona Conference: eDiscovery Best Practices
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As Tom O’Connor and I discussed last week in our ACEDS webinar Key eDiscovery Case Law Review for First Half of 2017, we’re seeing lots of cases that relate to disputes associated with Rule 34 of the Federal Rules of Civil Procedure and disputes over things such as scope of production and proportionality, form of production and the handling of objections. Now, The Sedona Conference® (TSC) Working Group on Electronic Document Retention & Production (WG1) has issued a public comment version of a new primer on Rule 34.

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Webcast: Holy****, The Case is Filed! What Do I Do Now? (September 27, 2017)
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This CLE-approved webcast will discuss the various issues to consider and decisions to be made to help you meet your discovery obligations in an efficient and proportional manner.

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Webcast: Key eDiscovery Case Law Review for First Half of 2017 (September 13, 2017) ACEDS Update
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This CLE-approved webcast session will cover key case law covered by the eDiscovery Daily blog related to eDiscovery for the first half of 2017.

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Court Grants Lesser Sanctions Against Defendant for Various Discovery Issues: eDiscovery Case Law
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In New Mexico Oncology v. Presbyterian Healthcare Servs, New Mexico Magistrate Judge Gregory B. Wormuth, detailing numerous defendant discovery deficiencies alleged by the plaintiff, ruled that the “harsh sanctions of default judgment or an adverse jury instruction” requested by the plaintiff “are not warranted” and instead opted to require the defendant to pay plaintiff costs related to activities resulting from defendants’ over-designation of documents as privileged and recommended that the defendants be ordered to pay the plaintiff 75% of the costs associated with its Motion for Sanctions including all fees paid to expert witnesses to prepare reports and testify at the motion hearing.

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Here’s a Factor That Can Reduce the Potential for Account Hacks: Cybersecurity Best Practices
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The data breaches just keep coming. Equifax is the latest hacking victim to a tune of 143 million US customers – approximately 44 percent of the population. Perhaps if they, and other organizations recently breached, had added a factor to their authentication process, those breaches might not have occurred. And, by “factor”, I mean two-factor authentication.

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Thanks to ACEDS, Today’s the Day to Learn How Recent Case Law Has Affected Your eDiscovery Practices: eDiscovery Best Practices
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The best predictor of future behavior is relevant past behavior. Nowhere is that more true than with legal precedents set by past case law decisions, especially when it relates to eDiscovery best practices. Are you aware of recent case law decisions related to eDiscovery best practices and what that those decisions mean to your organization? Thanks to our friends at ACEDS, you can learn a lot about those case law decisions today.

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