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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Why Does Production Have to be Such a Big Production?, Part Three
 Why Does Production Have to be Such a Big Production?, Part Three 379 504 Tom O'Connor
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Problems with productions have plagued us for years and none are more prevalent than load file errors. I recall a consultant in Seattle nearly 20 years ago who spent 2/3 of his times cleaning up Summation load files for clients. And the problems haven’t decreased as technology has improved. Let’s take a look at some of those problems.

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eDiscovery Can Be Murder: eDiscovery Charities
 eDiscovery Can Be Murder: eDiscovery Charities 578 578 Doug Austin
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I know that working on some eDiscovery projects with difficult clients or opposing parties could get you thinking of murder, but, as I said before, I don’t know why anyone would consider committing a murder these days with DNA and all the ways we are tracked by Internet of Things (IoT) devices. However, if you like to solve murders and are in the DC area (or plan to be in mid-May), here’s an event that’s for you. Even better, your participation helps benefit a great cause!

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Why Does Production Have to be Such a Big Production?, Part Two
 Why Does Production Have to be Such a Big Production?, Part Two 379 504 Tom O'Connor
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One of the most common technical mistakes lawyers make involve issues with redactions – there are frequent stories that make the news regarding lawyers publishing documents that were improperly redacted. Redaction issues are also the most common error in document productions in eDiscovery as well. There are a variety of issues associated with redactions and they have considerable impact on a lawyer’s ethical duty to confidentiality. Let’s take a look.

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Discovery Can’t Be Stayed While Motion to Dismiss is Considered, Court Says: eDiscovery Case Law
 Discovery Can’t Be Stayed While Motion to Dismiss is Considered, Court Says: eDiscovery Case Law 479 270 Doug Austin
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In Udeen v. Subaru of America, Inc., New Jersey Magistrate Judge Joel Schneider denied the defendants’ request that all discovery be stayed until their Motion to Dismiss is decided, but, with the proviso that only limited and focused discovery on core issues would be permitted.

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Why Does Production Have to be Such a Big Production?
 Why Does Production Have to be Such a Big Production? 379 504 Tom O'Connor
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The aim of document productions in the ESI world is succinctly stated by the EDRM: To prepare and produce ESI in an efficient and usable format in order to reduce cost, risk and errors and be in compliance with agreed production specifications and timelines. Sounds simple, right? Yet, we’re seeing so many issues and problems with productions. Why is that? Let’s take a look.

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Simon Says Two Years After Spoliation is Discovered is Too Late for Sanctions: eDiscovery Case Law
 Simon Says Two Years After Spoliation is Discovered is Too Late for Sanctions: eDiscovery Case Law 479 270 Doug Austin
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In Wakefield v. Visalus, Inc., Oregon District Judge Michael H. Simon denied the plaintiff’s motion for sanctions against the defendant for automatic deletion of call records, ruling that since the plaintiff knew about the deletion of call records for over two years, her motion was “untimely”.

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Data Privacy Compliance Isn’t Just for Europe or California Anymore: Data Privacy Trends
 Data Privacy Compliance Isn’t Just for Europe or California Anymore: Data Privacy Trends 339 331 Doug Austin
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We have covered Europe’s General Data Protection Regulation (GDPR) over several posts the past couple of years and even conducted a webcast on the topic last year. And, we have covered the California Consumer Privacy Act (CCPA) several times as well, including as recently as last week. But, what about the rest of the wide, wide world? Do countries in other parts of the world have data privacy policies as well? Yes. Do they mimic GDPR policies? Not necessarily.

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Cellebrite 2019 Report on Industry Trends for Law Enforcement: eDiscovery Trends
 Cellebrite 2019 Report on Industry Trends for Law Enforcement: eDiscovery Trends 310 447 Doug Austin
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As I’ve been saying for a while now and will be discussing with Tom O’Connor in our webcast on April 24, discovery isn’t just for litigation anymore. Drivers for compliance and investigations are growing to the point that discovery activities are about as likely to support those needs as they for litigation. And, for law enforcement, investigations are the primary discovery driver. So, what are some of the trends they see with regard to the types and sources of evidence associated with these investigations? A new report by Cellebrite, a leader in forensic collection for cellular phones and mobile devices, sheds light on those trends.

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Appeals Court Reverses Jury Decision Based on Failure of Court to Issue Spoliation Sanction: eDiscovery Case Law
 Appeals Court Reverses Jury Decision Based on Failure of Court to Issue Spoliation Sanction: eDiscovery Case Law 479 270 Doug Austin
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In Marshall v. Brown’s IA, LLC, the Superior Court of Pennsylvania, ruling that the trial court “abused its discretion in refusing the charge” of an adverse inference sanction against the defendant for failing to preserve several hours of video related to a slip and fall accident, vacated the judgment issued by the jury within the trial court for the defendant and remanded the case for a new trial.

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What’s a Lawyer’s Duty When a Data Breach Occurs within the Law Firm: Cybersecurity Best Practices
 What’s a Lawyer’s Duty When a Data Breach Occurs within the Law Firm: Cybersecurity Best Practices 622 364 Doug Austin
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When I spoke at the University of Florida E-Discovery Conference last month, there was a question from the live stream audience about a lawyer’s duty to disclose a data breach within his or her law firm. I referenced the fact that all 50 states (plus DC, Guam, Puerto Rico and the Virgin Islands) have security breach notification laws, but I was not aware of any specific guidelines or opinions relating to a lawyer’s duty regarding data breach notification. Thanks to an article I came across last week, I now know that there was a recent ABA opinion on the topic.

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