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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It’s 2019, So it Must Be Time for Another Redaction Flub: eDiscovery Best Practices
 It’s 2019, So it Must Be Time for Another Redaction Flub: eDiscovery Best Practices 310 465 Doug Austin
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I should probably put in a disclaimer that this is not a political post – I would write about this regarding which political party this involved. It just so happens that the latest high-profile redaction flub happens to be tied to the Russia investigation and Paul Manafort. Regardless, it leaves me asking the question: when will they ever learn?

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Mobile to the Mainstream All in One Place: eDiscovery Best Practices
 Mobile to the Mainstream All in One Place: eDiscovery Best Practices 257 389 Doug Austin
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Craig Ball has had a lot to say about mobile device discovery, including various posts on his excellent Ball in Your Court blog (several of which we’ve covered). Now, he has assembled all of that good information in a single guide for reviewing all at once!

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It’s Never Too Early to Start Talking About the U-Fla E-Discovery Conference Here’s Why: eDiscovery Best Practices
 It’s Never Too Early to Start Talking About the U-Fla E-Discovery Conference Here’s Why: eDiscovery Best Practices 183 185 Doug Austin
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Believe it or not, this is the seventh year for the University of Florida E-Discovery Conference. As usual, the panel of speakers is an absolute who’s who in eDiscovery. And, if you act quickly you can save as much as 75% to attend!

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Judge Suggests That “Bone-Crushing” Discovery is Needed to Explore Extent of Facebook Breach: Cybersecurity Trends
 Judge Suggests That “Bone-Crushing” Discovery is Needed to Explore Extent of Facebook Breach: Cybersecurity Trends 403 349 Doug Austin
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Remember the latest Facebook breach – the one from September of last year that exposed 50 million accounts? I say “latest” because you have to differentiate these days. Well, naturally, that breach spawned several lawsuits. And, the judge presiding over those suits indicated that he will allow Facebook users “bone-crushing” discovery in those lawsuits, saying he’s sympathetic to users’ concerns and that’s worth “real money” — not just “some cosmetic injunctive relief.”

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Ice, Ice Baby! Is eDiscovery Business Confidence on Ice or Warming Up?: eDiscovery Trends
 Ice, Ice Baby! Is eDiscovery Business Confidence on Ice or Warming Up?: eDiscovery Trends 540 356 Doug Austin
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Hard to believe that we’ve started the fourth year of the Complex Discovery eDiscovery Business Confidence Survey! The results are in for the Winter 2019 eDiscovery Business Confidence Survey and as was the case for the previous three years’ surveys, the results for this year’s Winter survey are published on Rob Robinson’s terrific Complex Discovery site. How confident are individuals working in the eDiscovery ecosystem in the business of eDiscovery? Let’s see.

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First Ever Multi-State Data Breach Lawsuit Targets Healthcare Provider: Cybersecurity Trends
 First Ever Multi-State Data Breach Lawsuit Targets Healthcare Provider: Cybersecurity Trends 275 247 Doug Austin
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Just as the number of data breaches continues to rise, the number of lawsuits over data breaches continues to rise as well. Chances are that your data has been hacked at some point from at least one company with which you do business. But this lawsuit is unique.

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2018 eDiscovery Case Law Year in Review, Part 4
 2018 eDiscovery Case Law Year in Review, Part 4 479 270 Doug Austin
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As we noted Monday, Tuesday and yesterday, eDiscovery Daily published 65 posts related to eDiscovery case decisions and activities over the past year, covering 56 unique cases! Yesterday, we looked back at cases related to sanctions and spoliation. Today, let’s take a look back at cases related to the number one category for 2018 (drum roll, please!), disputes regarding proportionality vs. relevancy vs. privacy!

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2018 eDiscovery Case Law Year in Review, Part 3
 2018 eDiscovery Case Law Year in Review, Part 3 479 270 Doug Austin
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As we noted Monday and yesterday, eDiscovery Daily published 65 posts related to eDiscovery case decisions and activities over the past year, covering 56 unique cases! Yesterday, cases related to mobile device discovery, technology assisted review, the use of sampling to settle disputes, objections to production requests, an update on an interesting dispute between an eDiscovery provider and their former sales people and the final(?) post regarding the ubiquitous Apple v. Samsung case. Today, let’s take a look back at cases related to sanctions and spoliation.

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2018 eDiscovery Case Law Year in Review, Part 2
 2018 eDiscovery Case Law Year in Review, Part 2 479 270 Doug Austin
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As we noted yesterday, eDiscovery Daily published 65 posts related to eDiscovery case decisions and activities over the past year, covering 56 unique cases! Yesterday, we looked back at cases related to possession, custody and control, privilege disputes and form of production disputes. Today, let’s take a look back at cases related to mobile device discovery, technology assisted review, the use of sampling to settle disputes, objections to production requests, an update on an interesting dispute between an eDiscovery provider and their former sales people and the final(?) post regarding the ubiquitous Apple v. Samsung case.

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2018 eDiscovery Case Law Year in Review, Part 1
 2018 eDiscovery Case Law Year in Review, Part 1 479 270 Doug Austin
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It’s that time of year again! Time for our annual review of eDiscovery case law! This is our eighth(!) annual review of cases that we covered on the eDiscovery Daily blog over the past year. As always, we had a number of interesting cases related to various eDiscovery topics. So, as we have done for the last seven(!) years, let’s take a look back at 2018!

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