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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Appellate Court Vacates Order Allowing Plaintiff’s Expert Access to Defendant’s ESI Prior to Privilege Determination: eDiscovery Case Law
 Appellate Court Vacates Order Allowing Plaintiff’s Expert Access to Defendant’s ESI Prior to Privilege Determination: eDiscovery Case Law 479 270 Doug Austin
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In Crosmun v. Trustees of Fayetteville Technical Community College, the Court of Appeals of North Carolina, holding that the trial court abused its discretion by compelling production through a protocol that provided the plaintiffs’ expert with direct access to potentially privileged information and precluded reasonable efforts by Defendants to avoid waiving any privilege, vacated the order and remand for further proceedings not inconsistent with this opinion.

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It’s Friday the 13th! So, What’s Worse – Jason or Last Minute Votes on CCPA Amendments?: Data Privacy Trends
 It’s Friday the 13th! So, What’s Worse – Jason or Last Minute Votes on CCPA Amendments?: Data Privacy Trends 608 507 Doug Austin
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OK, today is the day that spawned a whole series of horror movies that have been a part of the Hollywood lexicon for nearly forty years now. But the decisions being made in California this week could impact data privacy considerations for…well, who knows how long? So, which is worse? Depends on your point of view, I guess.

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Searching for Email Addresses Can Have Lots of Permutations Too: eDiscovery Throwback Thursdays
 Searching for Email Addresses Can Have Lots of Permutations Too: eDiscovery Throwback Thursdays 315 338 Doug Austin
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Last week, we discussed the various permutations of names of individuals to include in your searching for a more complete result set, as well as the benefits of proximity searching (broader than a phrase search, more precise than an AND search) to search for names of individuals. Another way to identify documents associated with individuals is through their email addresses. Let’s take a look.

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Fall 2019 Predictive Coding Technologies and Protocols Survey Results: eDiscovery Trends
 Fall 2019 Predictive Coding Technologies and Protocols Survey Results: eDiscovery Trends 391 236 Doug Austin
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So many topics, so little time! Rob Robinson published the latest Predictive Coding and Technologies and Protocols Survey on his excellent ComplexDiscovery site last week, but this is the first chance I’ve had to cover it. The results are in and here are some of the findings in the largest response group for this survey yet.

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Another Case Where Intent to Deprive is Put in the Hands of the Jury: eDiscovery Case Law
 Another Case Where Intent to Deprive is Put in the Hands of the Jury: eDiscovery Case Law 479 270 Doug Austin
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In Woods v. Scissons, Arizona Chief District Judge G. Murray Snow granted in part and denied in part the plaintiff’s motion for sanctions for spoliation of video footage of an arrest incident involving the plaintiff and the defendant (a police officer with the Prescott Police Department), ruling that non-party City of Prescott violated a duty to preserve evidence of the alleged incident, but that the question of intent should be submitted to the jury to determine appropriate sanctions.

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Forget CCPA. COPPA Just Cost YouTube and Google $170 Million: Cybersecurity Trends
 Forget CCPA. COPPA Just Cost YouTube and Google $170 Million: Cybersecurity Trends 346 270 Doug Austin
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Sure, we’ve been talking a lot the past couple of years about Europe’s General Data Protection Regulation (GDPR), enacted in May 2018 and we’ve already seen one big fine here and another huge potential fine here. And, we’ve been talking for over a year now about the California Consumer Privacy Act, which is scheduled to take effect next January 1st. But, have we talked about “COPPA”? Not, till now. But, “COPPA” just cost YouTube and Google $170 million.

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Court Grants Spoliation Sanctions for Defendant’s Failure to Preserve Photos of Prisoner Plaintiff: eDiscovery Case Law
 Court Grants Spoliation Sanctions for Defendant’s Failure to Preserve Photos of Prisoner Plaintiff: eDiscovery Case Law 479 270 Doug Austin
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In Wilmoth v. Deputy Austin Murphy, Arkansas District Judge Timothy L. Brooks granted the plaintiff’s Motion for Relief Regarding Spoliation, finding that the “defendant’s conduct in this case was designed to deprive” the plaintiff the use of photographs in litigation that were purported to have shown injuries suffered by the plaintiff associated with his excessive force claim against the deputy defendant.

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What’s in a Name? Potentially, a Lot of Permutations: eDiscovery Throwback Thursdays
 What’s in a Name? Potentially, a Lot of Permutations: eDiscovery Throwback Thursdays 615 356 Doug Austin
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When looking for documents in your collection that mention key individuals, conducting a name search for those individuals isn’t always as straightforward as you might think. There are potentially a number of different ways names could be represented and if you don’t account for each one of them, you might fail to retrieve key responsive documents – OR retrieve way too many non-responsive documents. Here are some considerations for conducting name searches.

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Weekly Trends From a Name and an Organization You Know Well: eDiscovery Trends
 Weekly Trends From a Name and an Organization You Know Well: eDiscovery Trends 877 308 Doug Austin
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I’m shocked – shocked! – that I haven’t covered this before now. What if I told you there is a single place you can go to get a list of weekly trends on eDiscovery – everything from articles to case law to announcements and even upcoming events and webinars? And that it’s available from an organization you probably know well and an author you probably know even better? You’d probably want to check that out, right? Indeed, you should.

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Here’s a Webcast to Learn How to Think Like a Millennial When Addressing eDiscovery Needs: eDiscovery Webcasts
 Here’s a Webcast to Learn How to Think Like a Millennial When Addressing eDiscovery Needs: eDiscovery Webcasts 464 264 Doug Austin
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As we learned in Tom O’Connor’s recent five part blog series, millennials, with their focus on mobile devices and social media sites, may be changing eDiscovery (depending on your point of view).  Regardless, eDiscovery is changing and millennials may be a BIG part of that change.  Here’s a webcast that will help you think like a millennial to address your eDiscovery needs.

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