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.
Survey Says! Results of the ACEDS Community Survey: eDiscovery Trends
Survey Says! Results of the ACEDS Community Survey: eDiscovery Trends 300 300 Doug Austin

As part of its focus on offerings and opportunities that impact certifications, careers, contacts, and competence, the Association of Certified E-Discovery Specialists (ACEDS) recently conducted one of the more comprehensive online surveys of individuals currently working in the field of the eDiscovery that I’ve seen in a long time. So, what were some of the findings? Let’s take a look.

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Plaintiff Requests His Entire PST File, Court Says No: eDiscovery Case Law
Plaintiff Requests His Entire PST File, Court Says No: eDiscovery Case Law 479 270 Doug Austin

In Russell v. Kiewit Corp., Kansas Magistrate Judge James P. O’Hara denied the plaintiff’s motion seeking to compel supplemental discovery responses by the seven defendants, including the request to receive his entire e-mail personal storage (PST) file, agreeing with the defendants’ contention that the request was overly broad and not proportional.

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From Legal Week to Legal Geek, The Conference You May Not Have Heard Of: eDiscovery Trends
From Legal Week to Legal Geek, The Conference You May Not Have Heard Of: eDiscovery Trends 391 481 Doug Austin

Don’t feel bad – neither did I until after the fact. But, the first ever Legal Geek North America conference happened last week in Brooklyn and it sounds like it might be one to check out in the future – if you can get in.

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Firm IT Director Predicts “Carnage” in Legal Tech Consolidation: eDiscovery Trends
Firm IT Director Predicts “Carnage” in Legal Tech Consolidation: eDiscovery Trends 627 361 Doug Austin

Not since Clubber Lang predicted “pain” in Rocky III has the state of legal tech consolidation been stated quite this way. Is that good news or bad news for consumers of legal tech software and services?

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Testing Your Search Using Sampling: eDiscovery Throwback Thursdays
Testing Your Search Using Sampling: eDiscovery Throwback Thursdays 317 320 Doug Austin

Here is the third and final part in our Throwback Thursday series on sampling. Two weeks ago, we talked about how to determine an appropriate sample size to test your search results as well as the items NOT retrieved by the search, using a site that provides a sample size calculator. Last week, we talked about how to make sure the sample size is randomly selected. Today, we’ll walk through an example of how you can test and refine a search using sampling.

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Today’s Webcast Will Help Plaintiff’s Attorneys Conquer Their Biggest eDiscovery Challenges: eDiscovery Webcasts
Today’s Webcast Will Help Plaintiff’s Attorneys Conquer Their Biggest eDiscovery Challenges: eDiscovery Webcasts 465 263 Doug Austin

As we learned in Tom O’Connor’s recent five part blog series, it seems as though the eDiscovery deck is stacked against plaintiff’s attorneys. Defendants seem to have all the resources, the technical know-how and the interest of the major eDiscovery vendors while the plaintiffs often have few resources, technical knowledge or eDiscovery experience. How do plaintiff’s attorneys bridge that gap? Today’s webcast that will help put those plaintiff’s attorneys on a more equal footing with their defendant counterparts.

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Court Rules That Privilege Assertion and Potential Fraud Don’t Mix: eDiscovery Case Law
Court Rules That Privilege Assertion and Potential Fraud Don’t Mix: eDiscovery Case Law 479 270 Doug Austin

In Gates Corp. v. CRP Indus., Inc., Colorado Magistrate Judge Kristen L. Mix overruled the Defendant’s Objection to Report and Recommendation of Special Master on Gates Corporation’s Motion to Pierce Attorney/Client Privilege and proceeded with the Discovery Master’s recommendation, ordering the defendant to submit for in camera review readable and searchable versions of the documents identified as privileged by the defendant (along with an Excel spreadsheet of the privilege log) to the Special Master for review.

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Been Hacked? That May Be Because of an Unpatched Vulnerability in Your Software: Cybersecurity Trends
Been Hacked? That May Be Because of an Unpatched Vulnerability in Your Software: Cybersecurity Trends 341 341 Doug Austin

There are plenty of reasons that organizations experience a data breach, including weak or stolen passwords (despite the availability of two factor authentication technology to thwart those efforts). Here’s another common cause of data breaches: unpatched vulnerabilities in your software.

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Simon Says – Once, Twice, Three Times a Spoliator: eDiscovery Case Law
Simon Says – Once, Twice, Three Times a Spoliator: eDiscovery Case Law 479 270 Doug Austin

In Univ. Accounting Serv., LLC v. Schulton, Oregon District Judge Michael H. Simon granted in part the plaintiff’s Motion for Terminating Spoliation Sanctions Against Defendant Ethan Schulton, finding that the defendant “acted with the intent to deprive” the plaintiff of information that he deleted, but granted the plaintiff’s alternative motion for lesser sanctions, choosing to provide the jury with a permissive inference spoliation instruction against the defendant instead of case termination sanctions.

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A “Random” Idea on Search Sampling: eDiscovery Throwback Thursdays
A “Random” Idea on Search Sampling: eDiscovery Throwback Thursdays 317 320 Doug Austin

Last Thursday, we talked about how to determine an appropriate sample size to test your search results as well as the items NOT retrieved by the search, using a site that provides a sample size calculator. Today, we’ll talk about how to make sure the sample size is randomly selected.

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