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.
This Blog Post Will Not Be Automatically Deleted, But Your Instant Message Might Be: eDiscovery Trends
This Blog Post Will Not Be Automatically Deleted, But Your Instant Message Might Be: eDiscovery Trends 582 437 Doug Austin

The sources of electronically stored information (ESI) are more varied than ever. Now, they routinely include text messages and messages from instant messaging apps. But, depending on the instant message app – or the archive option for any messaging app, that ESI might not be available at litigation time.

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Court Rejects Plaintiff’s Timeliness and Form Served Arguments; Grants Defendant’s Motion to Compel: eDiscovery Case Law
Court Rejects Plaintiff’s Timeliness and Form Served Arguments; Grants Defendant’s Motion to Compel: eDiscovery Case Law 479 270 Doug Austin

In Frey v. Minter, Georgia Chief U.S. District Court Judge Clay D. Land rejected the plaintiff’s arguments that the defendant’s discovery requests were untimely and were not properly served and granted the defendant’s motion to compel against the plaintiff. With regard to the defendant’s motion to compel against a non-party law firm, Judge Clay ordered that firm to provide the defendant with an estimated cost for responding to the requests, and upon payment of those costs, to produce the documents within twenty-one days.

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Got Data Across Borders? The Sedona Conference Has a Commentary for You: eDiscovery Best Practices
Got Data Across Borders? The Sedona Conference Has a Commentary for You: eDiscovery Best Practices 428 600 Doug Austin

Lately, it seems like we have a new publication from The Sedona Conference® (TSC) every couple of months or so. This latest publication provides guidance to those that are transferring data across borders.

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Discovery “Cautionary Tale” Leads to Recommendations of Default Judgment Against Defendants: eDiscovery Case Law
Discovery “Cautionary Tale” Leads to Recommendations of Default Judgment Against Defendants: eDiscovery Case Law 479 270 Doug Austin

In Abbott Laboratories, et al. v. Adelphia Supply USA, et al., New York Magistrate Judge Lois Bloom, noting that the plaintiff’s motion for case ending sanctions against H&H Wholesale Services, Inc., its principal, Howard Goldman, and its marketing manager and Mr. Goldman’s wife, Lori Goldman (“H&H Defendants”) for wide-scale discovery misconduct “presents a cautionary tale about how not to conduct discovery in federal court” recommended that the plaintiffs’ motion be granted, and that the Court should enter a default judgment against the H&H Defendants.

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Determining Appropriate Sample Size to Test Your Search: eDiscovery Throwback Thursdays
Determining Appropriate Sample Size to Test Your Search: eDiscovery Throwback Thursdays 317 320 Doug Austin

One part of searching best practices is to test your search results (both the result set and the files not retrieved) to determine whether the search you performed is effective at maximizing both precision and recall to the extent possible, so that you retrieve as many responsive files as possible without having to review too many non-responsive files. One question I often get is: how many files do you need to review to test the search? Let’s take a look.

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#metoo and the Increasing Investigation Emphasis on eDiscovery: eDiscovery Trends
#metoo and the Increasing Investigation Emphasis on eDiscovery: eDiscovery Trends 551 310 Doug Austin

In our April webcast (Discovery Isn’t Just for Litigation Anymore), conducted by Tom O’Connor and me, we discussed a number of factors that are increasing the need for eDiscovery software and services, including compliance considerations with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). The need for eDiscovery in internal investigations is on the rise as well and one of the most significant factors is workplace harassment and #metoo, which we also discussed in that webcast. Here’s another indication of the growth of that factor.

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The Price is Right. Or is it? You Be the Judge: eDiscovery Trends
The Price is Right. Or is it? You Be the Judge: eDiscovery Trends 342 342 Doug Austin

Talking about eDiscovery pricing in this industry is like talking about Fight Club, the first rule and second rule seems to be that you don’t talk about it. Only Rob Robinson could get 81 people to talk about what isn’t talked about in this industry.

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My Guest Post for Complete Legal: eDiscovery Best Practices
My Guest Post for Complete Legal: eDiscovery Best Practices 538 403 Doug Austin

You might think that since I write a daily blog, I have no time to do any other writing on the side. And, a lot of times, that’s true. However, I wrote a guest blog post recently for our good friends and Kansas City partners at Complete Legal and so I’ve decided to point to that blog post for today to give our readers a chance to read that post.

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Court Orders Plaintiff to Share in Discovery Costs of Non-Party: eDiscovery Case Law
Court Orders Plaintiff to Share in Discovery Costs of Non-Party: eDiscovery Case Law 479 270 Doug Austin

In Lotus Indus., LLC v. Archer, Michigan Magistrate Judge Anthony P. Patti granted in part and denied in part without prejudice non-party City of Detroit Downtown Development Authority’s (DDA) motion for protective order in connection with the Court’s order granting in part and denying in part the plaintiff’s motion to compel documents requested by subpoena, ordering the plaintiff to pay some of DDA’s discovery costs, but not as much as DDA requested.

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No Bates, No Problem for Native Files: eDiscovery Throwback Thursdays
No Bates, No Problem for Native Files: eDiscovery Throwback Thursdays 341 341 Doug Austin

If you read my blog post on Tuesday, you saw my coverage of Craig Ball’s blog post regarding whether we’ve “lost the war” on eDiscovery. Craig particularly lamented the lack of focus on practical eDiscovery skills, especially in the eDiscovery conferences we attend, where they have moved on to “anti-discovery topics”, such as proportionality, privacy, General Data Protection Regulation (GDPR) and cybersecurity. Certainly, that sentiment probably extends to publications as well, as we have covered a lot of those “anti-discovery” topics extensively. But we used to cover a lot more of the practical eDiscovery best practices in the early years of the blog. And, that got me thinking that maybe we should revisit some of those topics.

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