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.
Here’s the Latest Buyers Guide for Everything “eDisclosure”: eDiscovery Trends
Here’s the Latest Buyers Guide for Everything “eDisclosure”: eDiscovery Trends 227 322 Doug Austin

How many suppliers of eDiscovery (“eDisclosure”) software and services are there? At least 98. How do I know that? I know that because that’s how many suppliers Andrew Haslam lists in the eDisclosure Systems Buyers Guide – 2018 Edition.

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Why Is TAR Like a Bag of M&M’s?, Part Four: eDiscovery Best Practices
Why Is TAR Like a Bag of M&M’s?, Part Four: eDiscovery Best Practices 432 322 Tom O'Connor

So where does this leave us? The idea behind TAR – that technology can help improve the eDiscovery process – is a valuable goal. But figuring out what pieces of technology to apply at what point in the workflow is not so easy, especially when the experts disagree as to the best methodology.

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CLOUD Act Renders Supreme Court Decision in the Microsoft Case Moot: eDiscovery News
CLOUD Act Renders Supreme Court Decision in the Microsoft Case Moot: eDiscovery News 428 600 Doug Austin

The Supreme Court heard arguments on February 27th over Microsoft’s ongoing data privacy case involving email stored in Microsoft datacenter in Ireland. Supposedly, according to reports from those attending, the justices didn’t seem swayed by Microsoft’s claims that data stored overseas should not be accessible to government prosecutors. However, Congress has since passed the CLOUD (Clarifying Lawful Overseas Use of Data) Act. Parties on all sides of the case expected the passage of the CLOUD Act to render the Microsoft case moot. And, they were right.

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Why Is TAR Like a Bag of M&M’s?, Part Three: eDiscovery Best Practices
Why Is TAR Like a Bag of M&M’s?, Part Three: eDiscovery Best Practices 432 322 Tom O'Connor

Before you think about using more advanced technology, here are some other tools to consider using first, some operational cautions to keep in mind and when you may not want to use TAR.

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Getting Off the Sidelines and into the Game using Technology Assisted Review: eDiscovery Webcasts
Getting Off the Sidelines and into the Game using Technology Assisted Review: eDiscovery Webcasts 371 210 Doug Austin

The use of Technology Assisted Review (TAR) has been accepted in the courts for several years, but most lawyers still don’t use it and many still don’t know what it is or how it works. Why not? We will discuss this and other questions in a webcast next week.

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You May Be a User of Predictive Coding Technology and Not Realize It: eDiscovery Trends
You May Be a User of Predictive Coding Technology and Not Realize It: eDiscovery Trends 506 316 Doug Austin

At the Houston ACEDS luncheon/TAR panel last week, we asked a few questions of the audience to gauge their understanding and experience with Technology Assisted Review (TAR). Some of the questions (like “have you used TAR on a case?”) were obvious questions to ask. Others might have not been so obvious.

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Training Snapshot: Boolean Searching from CloudNine
Training Snapshot: Boolean Searching from CloudNine 150 150 Marketing Team

A snapshot demonstration of the process and syntax required to perform boolean searches within CloudNine to combine and connect multiple criteria properly using AND, OR or AND NOT operators.

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Why Is TAR Like a Bag of M&M’s?, Part Two: eDiscovery Best Practices
Why Is TAR Like a Bag of M&M’s?, Part Two: eDiscovery Best Practices 432 322 Tom O'Connor

TAR began as a process and in the early stage of the discussion, it was common to refer to various TAR tools under the heading “analytics”. But before long, the definition began to erode and TAR started to become synonymous with Predictive Coding.

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Chris Dale of the eDisclosure Information Project: eDiscovery Trends 2018
Chris Dale of the eDisclosure Information Project: eDiscovery Trends 2018 258 396 Doug Austin

Today’s thought leader is Chris Dale. Chris is Editor of the eDisclosure Information Project. Chris qualified as an English solicitor in 1980. He was a litigation partner in London and then a litigation software developer and litigation support consultant before turning to commentary on electronic disclosure / discovery. He runs the e-Disclosure Information Project which disseminates information about the court rules, the problems, and the technology to lawyers and their clients, to judges, and to suppliers. He was a member of Senior Master Whitaker’s Working Party which drafted Practice Direction 31B and the Electronic Documents Questionnaire. Chris is also a well-known speaker and commentator in the UK, the US and other common law jurisdictions.

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Why Is TAR Like a Bag of M&M’s?: eDiscovery Best Practices
Why Is TAR Like a Bag of M&M’s?: eDiscovery Best Practices 432 322 Tom O'Connor

Over the past year I have asked this question several different ways in blogs and webinars about technology assisted review (TAR). Why is TAR like ice cream? Think Baskin Robbins? Why is TAR like golf? Think an almost incomprehensible set of rules and explanations. Why is TAR like baseball, basketball or football? Think never ending arguments about the best team ever. And now my latest analogy. Why is TAR like a bag of M&M’s?

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