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.
Need an eDiscovery Project Manager? Here’s the Guy Who Literally Wrote the Book: eDiscovery Best Practices
Need an eDiscovery Project Manager? Here’s the Guy Who Literally Wrote the Book: eDiscovery Best Practices 269 282 Doug Austin

There’s a new consulting business aimed at helping organizations better leverage project management in eDiscovery, litigation support and legal technology and it’s founded by the guy who literally wrote the book on project management in eDiscovery.

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Court Puts an End to an Inquiry to “Rival the Punic Wars”: eDiscovery Case Law
Court Puts an End to an Inquiry to “Rival the Punic Wars”: eDiscovery Case Law 479 270 Jim Gill

In Motorola Sols., Inc. v. Hytera Commc’ns Corp., Illinois Magistrate Judge Jeffrey Cole, ruling on what started as a stolen intellectual property (IP) case, admitted making a mistake and put a halt to the extensive discovery of 700,000 documents over 8 months, saying, “While the inquiry should have been uncomplicated, it has become a long, drawn out, pitched battle—one, in a rhetorical sense, to rival the Punic Wars—albeit without the elephants and the Alps and the sheer drama.”

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Key eDiscovery Case Law Review for First Half of 2018 (July 25, 2018)
Key eDiscovery Case Law Review for First Half of 2018 (July 25, 2018) 150 150 Marketing Team

This CLE-approved webcast session will cover key case law covered by the eDiscovery Daily Blog during the first half of 2018 to enable lawyers to learn from these cases.

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Law Firm Partner Says Hourly Billing Model “Makes No Sense” with AI: eDiscovery Trends
Law Firm Partner Says Hourly Billing Model “Makes No Sense” with AI: eDiscovery Trends 342 342 Doug Austin

Artificial intelligence (AI) is transforming the practice of law and we’ve covered the topic numerous times. And, I’m not even including all of the posts about technology assisted review (TAR). According to one law firm partner at a recent panel discussion, it could even (finally) spell the end of the billable hour.

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Court Sanctions Plaintiff After Jury Verdict for Failing to Disclose Third Party Communications: eDiscovery Case Law
Court Sanctions Plaintiff After Jury Verdict for Failing to Disclose Third Party Communications: eDiscovery Case Law 479 270 Doug Austin

In Singer Oil Co., LLC v. Newfield Exploration Mid-Continent, Inc., Oklahoma District Judge Vicki Miles-LaGrange ruled that the plaintiff did violate Federal rules by not disclosing the communications its counsel had with the third parties referenced in plaintiff’s counsel’s time records, but found that the defendant’s proposed sanction was an “extremely harsh sanction not warranted by the circumstances involved” and limited the plaintiff sanction to require the plaintiff to pay the attorneys’ fees the defendant incurred in filing its motion for sanctions and its reply.

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Tinder Date Murder Case Highlights the Increasing Complexity of eDiscovery in Criminal Investigations: eDiscovery Trends
Tinder Date Murder Case Highlights the Increasing Complexity of eDiscovery in Criminal Investigations: eDiscovery Trends 500 375 Jim Gill

With things like social media, electronic purchases, GPS tracking, and the Internet of Things, a normal day in anyone’s life creates an in-depth data trail. So, it’s no surprise that more and more, electronic evidence plays a key component in criminal investigations. While eDiscovery technology is mostly used in the civil courts, namely because corporate and government organizations have more resources than municipal, county, and even state law enforcement agencies to conduct reviews of large data-sets, it’s still worthwhile to look at the varied ways electronically stored information (ESI) is used to help detectives piece together a chain of events in order to solve a crime. Here is the story.

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GDPR is Here! Is Your Law Firm Fully Prepared for It? Maybe Not: Data Privacy Trends
GDPR is Here! Is Your Law Firm Fully Prepared for It? Maybe Not: Data Privacy Trends 339 331 Doug Austin

Unless you live under a rock, you know that the deadline for compliance with Europe’s General Data Protection Regulation (GDPR) has come and gone (it was May 25 – almost three weeks ago now). So, does that mean your law firm is fully ready for it? Based on the results of one survey, the odds are more than 50-50 that they’re not.

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Court Rejects Search Terms by Both Sides as Overly Inclusive: eDiscovery Case Law
Court Rejects Search Terms by Both Sides as Overly Inclusive: eDiscovery Case Law 479 270 Doug Austin

In Am. Municipal Power, Inc. v. Voith Hydro, Inc., Ohio Magistrate Judge Elizabeth A. Preston Deavers ruling on the parties’ arguments from a May discovery conference, concluded that search terms proposed by both parties in the case were overly inclusive.

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Lawyers Failing to Cite Important Cases in Their Briefings is Far From Unprecedented: eDiscovery Case Law
Lawyers Failing to Cite Important Cases in Their Briefings is Far From Unprecedented: eDiscovery Case Law 620 413 Doug Austin

Lawyers often spend hours on legal research to identify cases to cite in their briefings to the court. Hopefully, they do a thorough job and identify all of the key case precedents that can support their case. But, how often do they miss key, highly relevant cases? And, how often do those omissions jeopardize the outcome of their cases? Based on one survey of Federal and State judges, it happens a lot.

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eDiscovery Daily First Ever Call for Important Case Law
eDiscovery Daily First Ever Call for Important Case Law 479 270 Doug Austin

We’ve already covered 21 eDiscovery related case law decisions so far this year (18 of them are case law decisions that happened this year, 3 of them covered early in the year were decisions from last year). Believe it or not, that’s less than we’ve usually covered by this point in the year. But, have we covered the most important case rulings so far this year? Do you have one or more favorite case law decisions so far this year? Now is your chance to weigh in and tell us about it!

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