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 Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Legal Right Supersedes Physical Possession When It Comes to Control of ESI, Court Rules: eDiscovery Case Law
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In First American Bankcard, Inc. v. Smart Business Technology, Inc., et. al., Louisiana Magistrate Judge Joseph C. Wilkinson, Jr. granted the Plaintiff’s Motion to Compel Discovery and for Reasonable Expenses against one of the defendants in “substantial part” with regard to interrogatories and requests for production of ESI within physical possession of the former owners of the defendant company, but denied in limited part with regard to the plaintiff’s request to take forensic imaging of the defendant company’s computer system, because “neither the relevance nor the proportionality of the forensic imaging sought by this request are readily apparent to the court”.

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We Get By With a Little Help From Our Friends: eDiscovery Trends
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If you’re in or near my age bracket, you probably remember the similarly titled song by The Beatles (though I actually like the Joe Cocker version better – a rare Beatles re-make that could be argued to be better than the original). Feel free to debate me on that – after you’ve watched his Woodstock rendition. Anyway, for any provider working in eDiscovery today (whether law firm or eDiscovery software/service provider), there are instances where working with a partner just makes sense.

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This New Pilot Program Can Speed Up Discovery, Especially in Arizona and Illinois: eDiscovery Best Practices
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At its meeting in September of 2016, the Judicial Conference of the United States approved a pilot program to test procedures requiring mandatory initial discovery before the commencement of party-directed discovery in civil cases. Now, that pilot program – the Mandatory Initial Discovery Pilot Program – is already in use in Arizona and Illinois.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
In a Second Case, Judge Specifies Search Terms for Parties to Use: eDiscovery Case Law
479 270 Doug Austin

In Abbott v. Wyoming Cty. Sheriff’s Office, New York Magistrate Judge Hugh B. Scott granted the plaintiff’s motion to compel and defendant’s cross-motion in part, ordering the defendant to perform additional production over a disputed time period, based on a list of search terms ordered by Judge Scott.

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“Master” Your Knowledge of eDiscovery With This Conference in Denver Today: eDiscovery Trends
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Ain’t no mountain high enough! Today, CloudNine is participating in The Master’s Conference 2017 Denver event. If you’re in the Denver area today, join my colleague Julia Romero Peter 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!

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Personnel, Not Technology the Biggest Factor Prohibiting Business Value from Long-Term Digital Info: eDiscovery Trends
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In this era of big data, an organization’s ability to govern and preserve digital information, especially long-term digital information, is key. Earlier this month, the Information Governance Initiative (IGI), working closely with IGI Supporter Preservica, provided a benchmark of the state of the industry on the critical issue of governing and preserving long-term digital information. Let’s take a look.

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Webcast: Pitfalls and Potholes to Avoid in Your eDiscovery Projects (ACEDS Update)
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This webcast will discuss some of the most common “pitfalls” and “potholes” encountered during the discovery life cycle and how to address them to keep your discovery project on track.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Grants Motion for Terminating Sanctions Against Defendants for Intentional Spoliation: eDiscovery Case Law
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In Omnigen Research et. al. v. Wang et. al., Oregon District Judge Michael J. McShane granted the plaintiffs’ Motion for Terminating Spoliation Sanctions and agreed to issue an Order of Default Judgment in favor of the plaintiffs (while dismissing the defendants’ counterclaims) due to the defendants’ intentional destruction of evidence on several occasions.

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Over 80 Percent of Hacking Related Breaches Were Related to Password Issues: Cybersecurity Trends
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I’ve referred to last year’s Verizon Data Breach Investigations Report (DBIR) in several webcasts lately (including this one) and realized that this year’s report should have already come out by now. Sure enough it has, about a month and a half ago. Let’s see what the findings are.

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Here’s an Opportunity to Learn How to Fix “Pitfalls” and “Potholes” in Your eDiscovery Project: eDiscovery Best Practices
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If you’ve ever managed a discovery project for litigation, investigations or audits, you know that “Murphy’s Law” dictates that a number of “pitfalls” and “potholes” can (and will) occur that can derail your project. Thanks to our friends at ACEDS, you can learn more about these “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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