Our Insights on eDiscovery

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Laura Zubulake, Author of “Zubulake's e-Discovery” – eDiscovery Trends
 Laura Zubulake, Author of “Zubulake's e-Discovery” – eDiscovery Trends 150 150 CloudNine

Today’s thought leader is Laura Zubulake. Laura worked on Wall Street for 20 years in institutional equity departments and, in 1991, authored the book The Complete Guide to Convertible Securities Worldwide. She was the plaintiff in the Zubulake vs. UBS Warburg case, which resulted in several landmark opinions related to eDiscovery and counsel’s obligations for the preservation of electronically stored information. The December 2006 amendments to the Federal Rules of Civil Procedure were influenced, in part, by the Zubulake case. Last year, Laura published a book titled Zubulake’s e-Discovery: The Untold Story of my Quest for Justice, previously discussed on this blog and she speaks professionally about eDiscovery topics and her experiences related to the case.

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10 Tips for LegalTech Vendors – eDiscovery Best Practices
 10 Tips for LegalTech Vendors – eDiscovery Best Practices 150 150 CloudNine

We’ve mentioned Ralph Losey from Jackson Lewis several times on this blog, including last year’s thought leader interview at LegalTech New York and our interview with him again this year, which will be published on March 1. We’re discussing another interesting article from Losey, but this time it’s Adam Losey. His article 10 Tips for LegalTech Vendors, that appeared in Law Technology News has some interesting tips that all vendors (especially those exhibiting at trade shows) should bear in mind. Here are his tips, along with some of my comments.

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Don Philbin of Picture It Settled – eDiscovery Trends
 Don Philbin of Picture It Settled – eDiscovery Trends 150 150 CloudNine

Today’s thought leader is Don Philbin. Don is a nationally recognized attorney-mediator and is President and founder of Picture It Settled®, a predictive analytics tool for negotiation. Holding both a law degree and an MBA, Don mediates individual and class matters, and he teaches courses at Pepperdine Law’s Straus Institute for Dispute Resolution. He was one of three Texas mediators listed in the 2011 inaugural edition of The International Who’s Who of Commercial Mediation, and he was named the 2011 Outstanding Lawyer in Mediation by the San Antonio Business Journal. He is an elected fellow of the International Academy of Mediators and the American Academy of Civil Trial Mediators.

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Tom Gelbmann of Gelbmann & Associates, LLC – eDiscovery Trends
 Tom Gelbmann of Gelbmann & Associates, LLC – eDiscovery Trends 150 150 CloudNine

Today’s thought leader is Tom Gelbmann. Tom is Principal of Gelbmann & Associates, LLC. Since 1993, Gelbmann & Associates, LLC has advised law firms and Corporate Law Departments to realize the full benefit of their investments in Information Technology. Tom has also been co-author of the leading survey on the electronic discovery market, The Socha-Gelbmann Electronic Discovery Survey; in 2011 he and George Socha converted the Survey into Apersee, an online system for selecting eDiscovery providers and their offerings. In 2005, he and George Socha launched the Electronic Discovery Reference Model project to establish standards within the eDiscovery industry – today, the EDRM model has become a standard in the industry for the eDiscovery life cycle.

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Ray Zwiefelhofer of World Software (Worldox) – eDiscovery Trends
 Ray Zwiefelhofer of World Software (Worldox) – eDiscovery Trends 150 150 CloudNine

Today’s thought leader is Ray Zwiefelhofer of World Software (Worldox). Ray has over twenty years of experience within the technology and legal services market, offering professional, consulting, technology management and product solutions with an emphasis on working with AMLAW 250 & Fortune 500 organizations. He has founded and served in President/CEO/CIO positions at software startups and as a CTO at a Fortune 500 company. Prior to joining World Software, Ray was the Founder/CEO of nQueue a global cost recovery company where he patented and spearheaded the change from a hardware-based to software-based cost recovery model. Ray has also worked previously at include the Thomas Kinkade Network, Bowne, Imagineer, Equitrac and Diebold.

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Stored Communications Act Limits Production of Google Emails – eDiscovery Case Law
 Stored Communications Act Limits Production of Google Emails – eDiscovery Case Law 150 150 CloudNine

In Optiver Australia Pty. Ltd. & Anor. v. Tibra Trading Pty. Ltd. & Ors., California Magistrate Judge Paul S. Grewal granted much of the defendant’s motion to quash subpoena of Google for electronic communications sent or received by certain Gmail accounts allegedly used by employees of the defendant because most of the request violated the terms of the Stored Communications Act.

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Brad Jenkins of CloudNine Discovery – eDiscovery Trends
 Brad Jenkins of CloudNine Discovery – eDiscovery Trends 150 150 CloudNine

Today’s thought leader is Brad Jenkins of CloudNine Discovery. Brad has over 20 years of experience as an entrepreneur, as well as 14 years leading customer focused companies in the litigation support arena. Brad also writes the Litigation Support Industry Blog, which covers news about litigation support and e-discovery companies’ funding activities, acquisitions & mergers and notable business successes. He has authored many articles on document management and litigation support issues, and has appeared as a speaker before national audiences on document management practices and solutions.

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Blind Reliance on Vendor for Discovery Results in Sanctions – eDiscovery Case Law
 Blind Reliance on Vendor for Discovery Results in Sanctions – eDiscovery Case Law 150 150 CloudNine

In Peerless Indus., Inc. v. Crimson AV, LLC, Illinois Magistrate Judge Susan E. Cox sanctioned the defendant for a “hands off approach” to discovery by relying on a vendor for conducting the discovery from a closely related non-party to the suit.

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Announcing Third Annual LTNY Thought Leader Series! – eDiscovery Trends
 Announcing Third Annual LTNY Thought Leader Series! – eDiscovery Trends 150 150 CloudNine

The light bulb graphic can only mean one thing: It’s time for another thought leader interview series! In our efforts to continue to bring our readers perspectives from various thought leaders throughout the eDiscovery community, eDiscoveryDaily has published several thought leader interviews over the nearly 2 1/2 years since our inception. The last two years at LegalTech New York (LTNY), we were able to conduct interviews with several eDiscovery industry thought leaders and announced the schedule for those interviews after the show. The LTNY Thought Leader interviews are firmly established as a tradition, as we were able to conduct interviews for the third year in a row with several industry thought leaders! We’re pleased to introduce the schedule for the series, which will begin next Monday, February 11.

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Waste Management Wants to Throw Away the Metadata – eDiscovery Case Law
 Waste Management Wants to Throw Away the Metadata – eDiscovery Case Law 150 150 CloudNine

In the case In Re: Waste Management of Texas, Inc., a Texas appeals court refused to grant Waste Management’s petition for writ of mandamus asks us to direct the trial court to withdraw its order to produce native, electronic format with all metadata.

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