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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Judge’s Facebook Friendship with Party Causes Decision to Be Reversed and Remanded to Different Judge: eDiscovery Case Law
 Judge’s Facebook Friendship with Party Causes Decision to Be Reversed and Remanded to Different Judge: eDiscovery Case Law 479 270 Doug Austin
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In the case In Re the Paternity of B.J.M., the Court of Appeals of Wisconsin, concluding that “the circuit court’s undisclosed ESM connection with a current litigant in this case {by accepting a Facebook “friend” request from the litigant} created a great risk of actual bias, resulting in the appearance of partiality”, reversed and remanded the case for further proceedings before a different judge.

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Ignoring Internet of Things Devices Could Be IdIoTic: eDiscovery Trends
 Ignoring Internet of Things Devices Could Be IdIoTic: eDiscovery Trends 667 285 Doug Austin
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See what I did there? ;o) While I’m speaking at the University of Florida E-Discovery Conference today, let’s take a look at a couple of articles related to Internet of Things (IoT) devices that you need to know from an eDiscovery standpoint.

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Tomorrow is the U-Fla E-Discovery Conference!: eDiscovery Best Practices
 Tomorrow is the U-Fla E-Discovery Conference!: eDiscovery Best Practices 183 185 Doug Austin
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Usually, I remind you the day of a conference about it, but this one is big enough that I want to give you more time to register – at least for the livestream. Believe it or not, tomorrow is the seventh annual University of Florida E-Discovery Conference. And, as usual, the panel of speakers is an absolute who’s who in eDiscovery.

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According to Survey, Difficulty Getting Budget is the Top Legal Tech Struggle for GCs: eDiscovery Trends
 According to Survey, Difficulty Getting Budget is the Top Legal Tech Struggle for GCs: eDiscovery Trends 342 342 Doug Austin
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According a new survey from Clyde & Co and Winmark, the number one reason that General Counsel (GCs) struggle with legal tech adoption and implementation is ‘difficulty in getting budget‘. But, don’t blame the board for that. ;o)

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In Decision That Sounds the “Death Knell” for Fifth Amendment Protection, Defendant Ordered to Provide Cell Phone Password: eDiscovery Case Law
 In Decision That Sounds the “Death Knell” for Fifth Amendment Protection, Defendant Ordered to Provide Cell Phone Password: eDiscovery Case Law 479 270 Doug Austin
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In Commonwealth v. Jones, the Supreme Judicial Court of Massachusetts reversed a lower court judge’s denial of the Commonwealth’s renewed Gelfgatt motion (where the act of entering the password would not amount to self-incrimination because the defendant’s knowledge of the password was already known to the Commonwealth, and was therefore a “foregone conclusion” under the Fifth Amendment and art. 12 of the Massachusetts Declaration of Rights), and the court remanded the case to the Superior Court for entry of an order compelling the defendant to enter the password into the cell phone at issue in the case.

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Facebook Will Shift to Emphasize Encrypted Ephemeral Messages, Zuckerberg Says: eDiscovery Trends
 Facebook Will Shift to Emphasize Encrypted Ephemeral Messages, Zuckerberg Says: eDiscovery Trends 315 444 Doug Austin
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In a post to Facebook last week, founder Mark Zuckerberg outlined a vision of the future that includes end-to-end encryption and an ephemeral lifespan for private messages and photos. Zuckerberg said that encryption will be one of the keys to Facebook’s future — and that the company is willing to be banned in countries that refuse to let it operate as a result.

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The Enron Data Set is No Longer a Representative Test Data Set: eDiscovery Best Practices
 The Enron Data Set is No Longer a Representative Test Data Set: eDiscovery Best Practices 339 258 Doug Austin
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If you attend any legal technology conference where eDiscovery software vendors are showing their latest software developments, you may have noticed the data that is used to illustrate features and capabilities by many of the vendors – it’s data from the old Enron investigation. The Enron Data Set has remained the go-to data set for years as the best source of high-volume data to be used for demos and software testing. And, it’s still good for software demos. But, it’s no longer a representative test data set for testing – at least not as it’s constituted – and it hasn’t been for a good while. Let’s see why.

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In Lawsuit Over Prince Music, Court Grants Monetary But Not Adverse Inference Sanctions (Yet): eDiscovery Case Law
 In Lawsuit Over Prince Music, Court Grants Monetary But Not Adverse Inference Sanctions (Yet): eDiscovery Case Law 479 270 Doug Austin
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In Paisley Park Enter., Inc. v. Boxill, Minnesota Magistrate Judge Tony N. Leung granted in part the plaintiffs’ Motion for Sanctions Due to Spoliation of Evidence, ordering the Rogue Music Alliance (“RMA”) Defendants to pay reasonable expenses, including attorney’s fees and costs, that Plaintiffs incurred as a result of the RMA Defendants’ “misconduct”, and also ordered the RMA Defendants to pay into the Court a fine of $10,000, but chose to defer consideration of adverse inference instruction sanctions to a later date, closer to trial.

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Now, Wait Just an Internet Minute!: eDiscovery Trends
 Now, Wait Just an Internet Minute!: eDiscovery Trends 600 671 Doug Austin
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Have I mentioned lately that I love…an infographic? Well, let me mention it again! The past three years, we’ve taken a look at a terrific infographic each year that illustrated what happens within the internet in a typical minute. Last week, the 2019 internet minute graphic came out, so, let’s take a look at what happens in an internet minute in 2019.

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According to Consilio, Strong Majority of Companies are Increasing Investment in Detecting “Bad Behaviors”: eDiscovery Trends
 According to Consilio, Strong Majority of Companies are Increasing Investment in Detecting “Bad Behaviors”: eDiscovery Trends 341 341 Doug Austin
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As I’ll be discussing in my presentation next week at the University of Florida E-Discovery Conference, there are a lot of reasons why organizations should be focusing a lot more of their eDiscovery efforts on compliance and investigations. Last week, Consilio released the results of a survey that indicates that they appear to be doing just that.

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