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.
Requesting 72 Spelling Variations on Five Search Terms Spells Trouble for Plaintiffs: eDiscovery Case Law
479 270 Doug Austin

In Diesel Power Source et. al. v. Crazy Carl’s Turbos et. al., Utah Magistrate Judge Brooke C. Wells denied the plaintiff’s Motion for Sanctions for the failure of the defendant to produce ESI, finding that the plaintiff had failed to sufficiently narrow its search terms by introducing 72 spelling variations on the five terms it proposed. Judge Wells also denied the defendants’ Motion for Order to Show Cause and for Sanctions, finding that the defendants had failed to provide any “certification that the parties made reasonable efforts to reach agreement on the disputed matters.”

read more
For the Fifth Year, Florida is the Place to Be for eDiscovery Education: eDiscovery Trends
336 323 Doug Austin

The fifth annual University of Florida E-Discovery Conference is coming up one week from today, on March 30, and you can attend even if you don’t plan to be in the state of Florida on that day.

read more
Here’s a FREE Training Course on How to Do TAR: eDiscovery Best Practices
341 338 Doug Austin

A lot of people can talk about technology assisted review (TAR), but how many people actually know how to conduct an eDiscovery review using TAR? Here’s a TAR course that’s designed to show you how to do it.

read more
6,905 Billable Hours for Attorney Review May Not Be Billable if the Reviewer Isn’t Actually an Attorney: eDiscovery News
310 465 Doug Austin

A contract lawyer for a Pennsylvania plaintiffs’ firm clocked 6,905 hours of work on a shareholder lawsuit against former executives and directors of Sprint Corp. related to its 2005 merger with Nextel. One problem, however: that attorney had apparently been disbarred for years when he performed the work.

read more
78 is Great! eDiscovery Daily Is Seventy Eight! (Months Old, That Is)
498 297 Doug Austin

A new record! (Get it?) Seventy eight months ago today (a.k.a., 6 1/2 years), eDiscovery Daily was launched. Twice a year, we like to take a look back at some of the important stories and topics during that time. So, here are just a few of the posts over the last six months you may have missed. Enjoy!

read more
Lack of Comma Means That Breaking Up Overtime Pay is Hard to Do: Litigation Trends
314 316 Doug Austin

Not since Neil Sadaka’s classic song has a “comma” meant so much. A class-action lawsuit about overtime pay for truck drivers has come down to punctuation and the lack of an Oxford comma has resulted in an appeals court reversal of a partial summary judgment by a lower court.

read more
Defendant Ordered to Reproduce ESI in Native Format, As Originally Requested by Plaintiffs: eDiscovery Case Law
479 270 Doug Austin

In Morgan Hill Concerned Parents Assoc. v. California Dept. of Education, California Magistrate Judge Allison Claire granted the plaintiffs’ motion to compel the defendant to produce emails in native format with all metadata attached, but denied the plaintiffs’ motion for sanctions without prejudice to its renewal using Sacramento rates for attorneys’ fees. Judge Claire also denied the defendant’s motion for a protective order regarding production of the native format data, and its motion for sanctions.

read more
The Impact of Cybersecurity Concerns on M&A Activities is Growing: eDiscovery Trends
336 284 Doug Austin

After Verizon Communications took a $350 million discount on its purchase of Yahoo based on the massive data breaches disclosed by the Internet company last year, it may be time for cybersecurity and data privacy lawyers to take a more active role in merger and acquisition discussions.

read more
EDRM Releases New Security Questionnaire: eDiscovery Trends
189 111 Doug Austin

As promised when they announced the project last August, EDRM announced last week the release of a new Security Audit Questionnaire, which is designed to be a practical tool for evaluating the security capabilities of corporations, law firms, cloud providers, and third parties offering electronic discovery or managed services.

read more
Delaware Supreme Court Affirms $7 Million Sanction for Discovery Misconduct: eDiscovery Case Law
479 270 Doug Austin

In Shawe v. Elting, the Delaware Supreme Court found that the Court of Chancery followed the correct legal standards and made no errors of law in its sanctions award of over $7 million against the appellant, agreeing with the lower court that his behavior was “unusually deplorable”.

read more