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.
Judge’s Ruling on Scope Under Rule 26 Brings a Mixed Bag of Motions Granted and Denied: eDiscovery Case Law
Judge’s Ruling on Scope Under Rule 26 Brings a Mixed Bag of Motions Granted and Denied: eDiscovery Case Law 479 270 Jim Gill

In TMJ Grp., LLC v. IMCMV Holdings, Louisiana Magistrate Judge Janis van Meerveld ruled on Motions to Compel by both parties, both of which were granted in part and denied in part.

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eDiscovery for the Rest of Us: eDiscovery Best Practices, Part Three
eDiscovery for the Rest of Us: eDiscovery Best Practices, Part Three 340 309 Tom O'Connor

To answer the question of what to do for the cases larger than $1,000 but less than the major litigation cases, I drew up the “Ernie Challenge,” with advice from Craig Ball and DLA Piper senior counsel Browning Marean. It was named for my good friend Ernie Svenson, then a solo attorney with a general practice in New Orleans.

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Fourth Circuit Rules that Warrantless Cell Phone is Warranted: Data Privacy Trends
Fourth Circuit Rules that Warrantless Cell Phone is Warranted: Data Privacy Trends 500 375 Doug Austin

Don’t let my cute title confuse you. In this case, the Fourth Circuit issued an interesting decision regarding whether a warrant is required to search an individual’s cell phone.

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Here’s One Way to Comply with GDPR – Block All EU Users: Data Privacy Trends
Here’s One Way to Comply with GDPR – Block All EU Users: Data Privacy Trends 339 331 Doug Austin

Believe it or not, Europe’s General Data Protection Regulation (GDPR) is set to go into effect in one just one week(!), on May 25th. Many organizations are scrambling to comply with the new regulation and a lot of them won’t have compliance sorted out in the next week. As a result, some companies have realized it’s just too much of a hassle and decided to block all access to EU users.

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eDiscovery for the Rest of Us: eDiscovery Best Practices, Part Two
eDiscovery for the Rest of Us: eDiscovery Best Practices, Part Two 340 309 Tom O'Connor

The first formalized changes to the Federal Rules of Civil Procedure were made in December of 2006 as the culmination of a period of debate and review that started in March 2000. Prior to the codified changes, there were several prominent lawsuits touching on the subject, most notably the matter popularly known as the Zubulake case. That case and the subsequent rule changes effectively forced civil litigants into a compliance mode with respect to their proper retention and management of electronically stored information (ESI). How would eDiscovery vendors address those litigants involved in small cases? They might be challenged to do so — literally.

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Former Employee Sanctioned for Lying Under Oath, Destruction of ESI: eDiscovery Case Law
Former Employee Sanctioned for Lying Under Oath, Destruction of ESI: eDiscovery Case Law 479 270 Jim Gill

In Heggen v. Maxim Healthcare Servs., Inc., Indiana Magistrate Judge Susan Collins ruled that the plaintiff’s destruction of requested cellphone recordings, as well as lying under oath, were sanctionable under FRCP Rule 37.

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eDiscovery for the Rest of Us: eDiscovery Best Practices
eDiscovery for the Rest of Us: eDiscovery Best Practices 340 309 Tom O'Connor

With the high number of eDiscovery vendors and the huge amount of ED conferences, webinars and seminars, you might ask why we would talk about eDiscovery for “the rest of us”. eDiscovery was initially seen as the exclusive domain of large firms with large cases in Federal court. But the fact is that firms of all sizes now must know how to handle electronic discovery efficiently and cost-effectively. But, can firms find the technology they need to handle the smaller cases cost effectively?

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Could We Be Close to a Second State to Approve a Technology CLE Requirement?: eDiscovery Trends
Could We Be Close to a Second State to Approve a Technology CLE Requirement?: eDiscovery Trends 338 290 Doug Austin

In 2016, Florida became the first state to mandate technology training for lawyers, when it adopted a rule requiring lawyers to complete three hours of CLE every three years “in approved technology programs.” We covered it here. That requirement went into effect on January 1, 2017 and CloudNine has certainly been providing several CLE courses that are technology approved in Florida. We’ve been wondering when a second state was going to follow suit and we may be close to an answer.

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A Fresh Comparison of TAR and Keyword Search: eDiscovery Best Practices
A Fresh Comparison of TAR and Keyword Search: eDiscovery Best Practices 341 338 Doug Austin

Bill Dimm of Hot Neuron is one of the smartest men I know about technology assisted review (TAR). So, I’m always interested to hear what he has to say about TAR, how it can be used and how effective it is when compared to other methods (such as keyword searching). His latest blog post on the Clustify site talk about an interesting exercise that did exactly that: compared TAR to keyword search in a real classroom scenario.

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Former Football Players Sanctioned for Failure to Produce: eDiscovery Case Law
Former Football Players Sanctioned for Failure to Produce: eDiscovery Case Law 479 270 Jim Gill

In Michael E. Davis, et al. v. Electronic Arts, Inc., California Magistrate Judge Donna M. Ryu ruled that the plaintiff’s failure to fully comply with the discovery requests by the defendant were sanctionable under FRCP Rule 37, which states, “Such sanctions may include ordering a party to pay the reasonable expenses, including attorneys’ fees, caused by its failure to comply with the order or rule.”

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