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.
eDiscovery Project Management from Both Sides: eDiscovery Best Practices, Part Three
eDiscovery Project Management from Both Sides: eDiscovery Best Practices, Part Three 710 380 Tom O'Connor

What do lawyers think about this PM discussion? Do they think about it all? What do some notable legal commentators have to say about the topic? Let’s take a look.

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Court Rules “No Harm, No Foul” in Allowing Clawback After Protective Order Deadline: eDiscovery Case Law
Court Rules “No Harm, No Foul” in Allowing Clawback After Protective Order Deadline: eDiscovery Case Law 479 270 Doug Austin

In the case In re Abilify (Aripiprazole) Prod. Liab. Litig., Florida Magistrate Judge Gary R. Jones denied the plaintiff’s Disclosure Motion regarding two documents that defendant Bristol-Myers Squibb (BMS) claimed were privileged and inadvertently disclosed, stating that “[a]lthough BMS might not have followed the precise terms of the Protective Order”, “the one-day delay in sending the privilege log can charitably be described as a situation where the expression ‘no harm, no foul’ applies.”

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eDiscovery Project Management from Both Sides: eDiscovery Best Practices, Part Two
eDiscovery Project Management from Both Sides: eDiscovery Best Practices, Part Two 710 380 Tom O'Connor

How do project managers define their role? And, what PM principles can we apply to eDiscovery? Let’s take a look.

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Judge Recommends Sanctions for Defendant Under FRCP 37(e)(1): eDiscovery Case Law
Judge Recommends Sanctions for Defendant Under FRCP 37(e)(1): eDiscovery Case Law 479 270 Doug Austin

In Franklin v. Howard Brown Health Ctr., the Illinois Magistrate Judge, stating that “the defendant has had to concede that, at the very least, it bollixed its litigation hold – and it has done so to a staggering degree and at every turn”, recommended that the plaintiff’s motion for discovery sanctions be granted to the extent that the “parties be allowed to present evidence and argument to the jury regarding the defendant’s destruction/failure to preserve electronic evidence in this case”.

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eDiscovery Project Management from Both Sides: eDiscovery Best Practices
eDiscovery Project Management from Both Sides: eDiscovery Best Practices 710 380 Tom O'Connor

Project Management has been a major topic at trade shows recently, especially when Mike Quartararo is speaking. But after listening to Mike speak at the recent ILTACON18 conference, Doug Austin mentioned to me that it seemed there is another side to PM that is being ignored, that of the lawyer’s opinion on the subject. Since discovery is the most time-consuming and expensive aspect of litigation, managing it effectively is always a concern of the lawyers but we seldom hear what they think of all the talk about PM. So, let’s look at the issue from both sides now.

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Court Plays Referee in Search Term Dispute Between Parties: eDiscovery Case Law
Court Plays Referee in Search Term Dispute Between Parties: eDiscovery Case Law 479 270 Doug Austin

In Digital Ally, Inc. v. Taser Int’l, Inc., Kansas Magistrate Judge Teresa J. James granted in part and denied in part the defendant’s Motion to Compel ESI Discovery, sustaining in part the plaintiff’s overbreadth and relevance objections to specific defendant ESI Requests by providing a compromised scope between the defendant’s proposed searches (deemed to be overbroad) and the plaintiff’s proposed searches (deemed to be too narrow).

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IoT Devices Lead to Suspect’s Arrest for Murder: eDiscovery Trends
IoT Devices Lead to Suspect’s Arrest for Murder: eDiscovery Trends 256 211 Doug Austin

Honestly, I don’t know why anyone would consider committing a violent crime these days. There’s the use of ever-improving DNA technology that leads to the arrest of scores of alleged offenders each year – even if you’re not in the Combined DNA Index System (CODIS) database, you can still be identified as a suspect through your relatives via genealogy databases, as we’ve recently seen in the case of the Golden State Killer. And, if your DNA doesn’t get you, an Internet of Things (IoT) device may, as evidenced in this case.

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“Master” Your Knowledge of eDiscovery With This Conference in Washington DC Again This Year: eDiscovery Trends
“Master” Your Knowledge of eDiscovery With This Conference in Washington DC Again This Year: eDiscovery Trends 383 322 Doug Austin

It’s October! The leaves are turning, the baseball playoffs are currently going on (with the Astros one step closer to making my prediction come true again). And, it’s time for another The Master’s Conference DC event! It’s almost two days of educational sessions covering a wide range of topics!

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Here’s a Webcast to Help You Get a “Clue” Regarding Your eDiscovery Process: eDiscovery Webcasts
Here’s a Webcast to Help You Get a “Clue” Regarding Your eDiscovery Process: eDiscovery Webcasts 502 515 Doug Austin

As evidenced by some high-profile recent eDiscovery disasters, managing eDiscovery projects is more complex than ever. Not only have the volume and variability of ESI data sources increased dramatically, but there are often more stakeholders in eDiscovery projects today than characters on the board game Clue©. Successful eDiscovery today means not only meeting your obligations, but also making sure that each stakeholder in the process succeeds as well. Here’s a webcast that can enable you to get a “clue” regarding your eDiscovery process – with a special guest!

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Court Denies Plaintiff’s Request for Sanctions for Defendant’s Failure to Preserve Surveillance Video: eDiscovery Case Law
Court Denies Plaintiff’s Request for Sanctions for Defendant’s Failure to Preserve Surveillance Video: eDiscovery Case Law 479 270 Doug Austin

In Ball v. George Washington Univ., District of Columbia District Judge Dabney L. Friedrich, denied the plaintiff’s motion for sanctions for allegedly destroying two surveillance videos, stating: “Because Ball has not proven—even by a preponderance of the evidence—that GW permanently stored the Lafayette Hall surveillance footage, the Court need not conduct further inquiry under Rule 37(e).”

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