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.
Defendant Not Sanctioned Despite Use of Evidence Wiping Software: eDiscovery Case Week
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In HCC Ins. Holdings, Inc. v. Flowers, Georgia District Judge William S. Duffey, Jr. denied the plaintiff’s motion for adverse inference sanctions despite evidence that the defendant had used evidence wiping software twice after being ordered to produce her personal computer, stating that the plaintiff “offers only bare speculation that any of its trade secrets or other data were actually transferred” to the defendant’s laptop.

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Court Rules that Plaintiff’s Request for Data from Defendant is “Extraordinarily Burdensome”: eDiscovery Case Week
532 353 Doug Austin

In Solo v. United Parcel Services Co., Michigan Magistrate Judge R. Steven Whalen agreed that the defendant showed that the level of data requested by the plaintiff “would be extraordinarily burdensome” and ordered the parties to discuss the defendant’s proposed methodology and “meet, confer, and agree on a mutually acceptable sampling methodology” if the plaintiff did not agree to the defendant’s approach.

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Need an “Assist” with Your eDiscovery Practices? Get an eDiscovery Assistant!: eDiscovery Best Practices
344 60 Doug Austin

As someone who writes a blog daily for (part of) my living, I can attest that it can be a challenge to stay on top of eDiscovery trends and case law. I try to do my best to provide some of that to the readers of this blog and, when it comes to case law, we provide posts on about 60 to 70 cases each year (we’re over 400 unique cases covered lifetime). But, here’s a resource that provides access to even more case law, and several other great resources, as well.

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What Can 4,000 Women Do? Help Educate an Industry: eDiscovery Trends
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If you follow our blog regularly and have been following it over the past few weeks, you know that I’ve been promoting today’s Women in eDiscovery (WiE) event in Houston, the Legal Technology Showcase & Conference, being conducted today at South Texas College of Law (STCL) in downtown Houston. But, I stopped promoting it a couple of days ago. Why?

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Cloud Data is Within Defendant’s Possession, Custody and Control, Court Rules: eDiscovery Case Law
479 270 Doug Austin

In Williams v. Angie’s List, Indiana Magistrate Judge Mark J. Dinsmore found that the plaintiffs “have met their burden of demonstrating” that the defendant has a legal right to obtain background data in Salesforce and that “Plaintiffs request for production properly seeks documents within Angie’s List’s ‘possession, custody, or control’ under Rule 34(a).” He also denied the defendant’s request for cost shifting.

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Law Firms and the Billable Hour – The Debate Continues: eDiscovery Trends
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Over four years ago, I asked the question of whether it’s time to ditch the per hour model for document review. Back then, I referenced an overbilling situation discussed in an article by a law firm that was recently in the news for a ransomware issue. But, the debate continues – should law firms still use the billable hour?

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Limits Burden for Defendant to Search Loan Numbers, Splits Costs Between Parties: eDiscovery Case Law
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In Phoenix Light SF Ltd. v. Deutsche Bank Nat’l Trust Co., New York Magistrate Judge Debra Freeman granted the plaintiffs’ motion to compel in part, ordering the defendant to search for 16,000 loan numbers proposed by the plaintiffs’ and ordered the parties to split the costs for performing the searches.

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DOJ Asks SCOTUS to Take on Microsoft Case and Verizon Suffers its own Data Breach: eDiscovery Trends
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Remember the Microsoft Ireland Warrant case, where the Second Circuit reversed earlier rulings and denied the government’s efforts to compel Microsoft to provide emails in that case? It may not be over yet. And, millions of Verizon customer records have been exposed in a security lapse.

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The ABA Journal “Blawg 100” is Different This Year: eDiscovery Trends
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For the past several years, the ABA Journal has published a list of the 100 best legal blogs. They are requesting input again this year, but, with a twist. This year, they are expanding the scope of their annual year-end feature beyond legal blogs to also include the best of lawyers’ websites, podcasts and social media. As a result, they’re renaming it the ABA Journal Web 100.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Rules Decisively in Battle Between eDiscovery Providers Over Hired Sales Agents: eDiscovery Case Law
479 270 Doug Austin

In a lawsuit filed by DTI against LDiscovery and four former sales agents of DTI who were hired by LDiscovery, claiming they misappropriated trade secrets, interfered with client relationships and breached their contracts, an opinion provided by New York District Judge Jed S. Rakoff last week detailed his rejection of all arguments by DTI that led to his denial of a motion for a preliminary injunction on June 16.

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