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.
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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
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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
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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
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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
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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
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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
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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
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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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Here’s a Webcast to Help Plaintiff’s Attorneys Conquer Their Biggest eDiscovery Challenges: eDiscovery Webcasts
 Here’s a Webcast to Help Plaintiff’s Attorneys Conquer Their Biggest eDiscovery Challenges: eDiscovery Webcasts 465 263 Doug Austin
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As we learned in Tom O’Connor’s recent five part blog series, it seems as though the eDiscovery deck is stacked against plaintiff’s attorneys. Defendants seem to have all the resources, the technical know-how and the interest of the major eDiscovery vendors while the plaintiffs often have few resources, technical knowledge or eDiscovery experience. How do plaintiff’s attorneys bridge that gap? Here’s a webcast that will help put those plaintiff’s attorneys on a more equal footing with their defendant counterparts.

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If You’re Reading This, It Probably Doesn’t Apply to You: eDiscovery Best Practices
 If You’re Reading This, It Probably Doesn’t Apply to You: eDiscovery Best Practices 522 409 Doug Austin
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On the veritable eve of the annual Georgetown Law Center eDiscovery Training Academy, Craig Ball (who is in the midst of that very academy now) has asked the question Have We Lost the War on E-Discovery? But, if you’re reading that (or this blog post), it probably doesn’t apply to you.

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With No Showing of Prejudice, Court Denies Spoliation Sanctions Against Defendant: eDiscovery Case Law
 With No Showing of Prejudice, Court Denies Spoliation Sanctions Against Defendant: eDiscovery Case Law 479 270 Doug Austin
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In Mafille v. Kaiser-Francis Oil Co., Oklahoma Magistrate Judge Frank H. McCarthy, finding that the plaintiffs “have not demonstrated they have been prejudiced” by the loss of the plaintiff former employee’s work computer, denied the plaintiffs’ motion for sanctions “without prejudice to reassertion of the motion if through discovery it is determined that some specific evidence is beyond Plaintiffs’ reach” for the defendant’s “clear failure” to preserve the computer.

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