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.
Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, Part Three
Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, Part Three 620 413 Tom O'Connor

Now let’s turn to some of the individual responses. As I mentioned in part two, the most popular choice for plaintiff eDiscovery pain points was cooperation, so let’s take a look at the attorneys’ specific responses regarding cooperation challenges.

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Court Establishes Search Protocol to Address Plaintiff’s Motion to Compel: eDiscovery Case Law
Court Establishes Search Protocol to Address Plaintiff’s Motion to Compel: eDiscovery Case Law 479 270 Doug Austin

In Lawson v. Spirit Aerosystems, Inc., Kansas Magistrate Judge Angel D. Mitchell granted in part and denied in part the plaintiff’s motion to compel, ordering the defendant to produce documents related to two requests and, with regard to a third request, ordering the defendant to “produce these documents to the extent that such documents are captured by the ESI search protocol.”

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Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, Part Two
Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, Part Two 620 413 Tom O'Connor

With regard to my question regarding pain points in plaintiffs’ eDiscovery work, here is what our attorneys identified as the top 3 pain points experienced by plaintiffs’ attorneys.

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Are You Making Enough Money as an eDiscovery Professional?: eDiscovery Trends
Are You Making Enough Money as an eDiscovery Professional?: eDiscovery Trends 518 359 Doug Austin

Geez, if that blog post title doesn’t get your attention, I don’t know what will. The answer is: of course not! But, how do you demonstrate to your boss that you deserve a raise? Leave to Rob Robinson and another “mashup” to give you the data you need to make your point!

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Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys
Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys 620 413 Tom O'Connor

Approximately 2/3 of my consulting practice revolves around issues with ESI production. Much of that work involves asymmetrical cases where one side, typically corporate defendants, has the vast majority of discovery. And since my experience is not untypical, what we see in eDiscovery practice is a heavy focus in the eDiscovery world on defense strategy, both in actual practice and educational conferences. But what about strategy for the Plaintiff’s bar? Do they have different even dramatically different needs simply because they have less ESI? This paper will take a look at that.

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Why Do Hackers Hack? It’s About the Money, Apparently: Cybersecurity Trends
Why Do Hackers Hack? It’s About the Money, Apparently: Cybersecurity Trends 275 247 Doug Austin

Big surprise there, right? So says the 2019 Verizon Data Breach Investigations Report (DBIR), which analyzes the reported cybersecurity and data breach incidents for the year. According to this year’s report, senior C-level executives are 12 times more likely to be the target of social engineering attacks, and 9 times more likely to be the target of social breaches than in previous years, with financial motivation the key driver in these attacks.

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Twenty-One Points, Less Than 350 Words: eDiscovery Best Practices
Twenty-One Points, Less Than 350 Words: eDiscovery Best Practices 708 375 Doug Austin

Yesterday, I wrote about whether judges, like lawyers, should have an explicit technical competence requirement as well. Leave it to Craig Ball to take a somewhat complex technical concept and break it down to the fewest possible words – i.e., in a “nutshell”. Hey, judges! This might be a good place to start!

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Should Judges Have an Explicit Technical Competence Requirement?: eDiscovery Trends
Should Judges Have an Explicit Technical Competence Requirement?: eDiscovery Trends 259 259 Doug Austin

Since the American Bar Association revised the Model Rules of Professional Conduct for lawyers in 2012 to add technology competence to their duty to be competent in the law and its practice, there have been 36 states that have adopted that Model Rule. How do I know that? Because Bob Ambrogi keeps track of that on his LawSites blog here. But, what about judges? Shouldn’t they have an explicit technical competence requirement as well?

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Here’s a Webcast to Learn How to Keep Production from Becoming Such a Big Production: eDiscovery Webcasts
Here’s a Webcast to Learn How to Keep Production from Becoming Such a Big Production: eDiscovery Webcasts 465 267 Doug Austin

Does it seem like eDiscovery production always seems to be such a big production? It doesn’t have to be. There are a number of steps you can take to minimize the stress, cost and rework associated with producing electronically stored information to opposing counsel as well as to ensure that their production to you is as useful as possible. Here’s a webcast that will help you learn the steps and concepts to keep your productions from turning into a big production.

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Florida Appeals Court Upholds Ruling that Non-Party Had No Duty to Preserve Evidence: eDiscovery Case Law
Florida Appeals Court Upholds Ruling that Non-Party Had No Duty to Preserve Evidence: eDiscovery Case Law 479 270 Doug Austin

In Shamrock-Shamrock, Inc. v. Remark, the District Court of Appeal of Florida, Fifth District affirmed the summary final judgment in favor of the Appellee, holding that Florida law does not impose a duty on nonparties to litigation to preserve evidence based solely on the foreseeability of litigation.

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