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.
You Have Gifts Already Waiting for You This Holiday Season: eDiscovery Holiday Greetings
You Have Gifts Already Waiting for You This Holiday Season: eDiscovery Holiday Greetings 404 267 Doug Austin

Tom O’Connor and I conducted another successful CLE webcast yesterday, recapping the 2018 eDiscovery Year in Review, and it occurred to me that we don’t emphasize enough that all of the CLE webcasts we do are available for you to check out on your own – even months after the webcast has been conducted! You just might be able to complete your entire CLE requirement by watching our webcasts!

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Court Denies Defendant’s Request for Protective Order Against Producing Metadata for Medical Records: eDiscovery Case Law
Court Denies Defendant’s Request for Protective Order Against Producing Metadata for Medical Records: eDiscovery Case Law 479 270 Doug Austin

In Miller v. Sauberman, New York Supreme Court Justice Joan A. Madden, despite the defendant’s estimated cost of $250,000 to produce metadata related to the plaintiff’s medical records, denied the defendant’s motion for a protective order and granted the plaintiff’s cross-motion to compel the production of that metadata within 30 days of the decision and order.

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Today’s the Day to Learn about Important eDiscovery Developments for 2018: eDiscovery Webcasts
Today’s the Day to Learn about Important eDiscovery Developments for 2018: eDiscovery Webcasts 461 263 Doug Austin

2018 has been a very busy and significant year from an eDiscovery standpoint. This year has had everything from new data privacy laws here and in Europe to the use of Internet of Things (IoT) devices in discovery to important trends regarding the use (or non-use) of Technology Assisted Review (TAR) to a landmark SCOTUS case regarding accessing cell phone location data without a warrant. Today’s webcast will discuss what do you need to know about these and other important 2018 events and how they impact your eDiscovery efforts. It’s our last webcast of the year!

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No New Trial for Defendant After Carpenter Ruling Because of “Good-Faith” Exception: eDiscovery Case Law
No New Trial for Defendant After Carpenter Ruling Because of “Good-Faith” Exception: eDiscovery Case Law 479 270 Doug Austin

In U.S. v. Leyva, Michigan District Judge Mark A. Goldsmith, while acknowledging that the ruling in Carpenter v. United States (which held that the government must obtain a warrant before acquiring cell site location information (“CSLI”)) “applies retroactively” to the defendant’s case, ruled that “the question of whether a constitutional right is retroactive is distinct from the question of whether an individual is entitled to a remedy from any constitutional violation”. Citing the “good-faith” exception, where law enforcement acts in good faith in obtaining evidence that is ultimately found to have been obtained in violation of an individual’s constitutional rights, Judge Goldsmith denied the defendant’s motion for a new trial on the basis of Carpenter.

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Another Commentary from The Sedona Conference: eDiscovery Best Practices
Another Commentary from The Sedona Conference: eDiscovery Best Practices 428 600 Doug Austin

The Sedona Conference® (TSC) Conference and its Working Group 1 on Electronic Document Retention & Production (WG1) have yet another publication to announce in 2018. Last week, TSC’s WG1 group announced a new second edition commentary on Legal Holds.

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A Second State Now Has Approved a Technology CLE Requirement for its Lawyers: eDiscovery Trends
A Second State Now Has Approved a Technology CLE Requirement for its Lawyers: eDiscovery Trends 338 290 Doug Austin

In 2016, Florida became the first state to mandate technology training for lawyers, when it adopted a rule requiring lawyers to complete three hours of CLE every three years “in approved technology programs.” Then, back in May, we reported that another state was getting close to requiring technology training for part of their yearly CLE requirement. Now, that state has formally approved that requirement. Which one? Look at the graphic. ;o)

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Seriously, Your “Mashup” of eDiscovery Market Estimates Can’t Possibly Be Any Earlier, Right?: eDiscovery Trends
Seriously, Your “Mashup” of eDiscovery Market Estimates Can’t Possibly Be Any Earlier, Right?: eDiscovery Trends 219 284 Doug Austin

The appearance of the mashed potato graphic can only mean one thing (besides making me hungry, that is!). It’s time for the eDiscovery Market Size Mashup that Rob Robinson compiles and presents on his Complex Discovery site each year. It’s also become an annual tradition for him to release it earlier and earlier each year. And, this year is no exception.

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Court Sanctions Defendants in Jimi Hendrix Copyright Infringement Case: eDiscovery Case Law
Court Sanctions Defendants in Jimi Hendrix Copyright Infringement Case: eDiscovery Case Law 479 270 Doug Austin

In Experience Hendrix, L.L.C. et al. v. Pitsicalis et al., New York District Judge Paul A. Engelmayer granted the plaintiffs’ motion for an adverse inference instruction against selected defendants associated with Purple Haze Properties (referred to as the “PHP defendants”) and he directed the PHP defendants to pay the reasonable fees and costs incurred by plaintiffs in bringing the motion. He denied (at least at this time) the plaintiffs’ request for terminating sanctions and a preliminary injunction against the PHP defendants.

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A New Product Helps You Get “Context” on Judge’s Opinions and Expert Witnesses: eDiscovery Trends
A New Product Helps You Get “Context” on Judge’s Opinions and Expert Witnesses: eDiscovery Trends 428 600 Doug Austin

A legal analytics product being launched last week by LexisNexis analyzes the language of specific judges’ opinions to identify the cases and arguments each judge finds persuasive as well as analytics on expert witnesses. And, we remember one judge who, sadly, passed away over the weekend.

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Hewlett-Packard/Autonomy Deal Results in More Indictments: eDiscovery Trends
Hewlett-Packard/Autonomy Deal Results in More Indictments: eDiscovery Trends 219 284 Doug Austin

There continues to be more legal fallout from the Hewlett-Packard (HP) 2011 acquisition of Autonomy (which we covered here) and HP’s allegations that there were “serious accounting improprieties, disclosure failures and outright misrepresentations at Autonomy” before the acquisition (which forced HP to take an $8.8 billion charge in 2012. Then, earlier this year, former Autonomy CFO Sushovan Hussain was convicted of 16 counts of wire and securities fraud related to the $10.3 billion transaction. Now, more indictments have been handed down.

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