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.
Court Orders Defendants to Sample Disputed Documents to Help Settle Dispute: eDiscovery Case Law
Court Orders Defendants to Sample Disputed Documents to Help Settle Dispute: eDiscovery Case Law 479 270 Doug Austin

In Updateme Inc. v. Axel Springer SE, California Magistrate Judge Laurel Beeler ordered the defendants to review a random sample of unreviewed documents in dispute and produce any responsive documents reviewed (along with a privilege log, if applicable) and report on the number of documents and families reviewed and the rate of responsiveness within one week.

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Results of the Microsoft Office 365 eDiscovery Challenge Survey: eDiscovery Trends
Results of the Microsoft Office 365 eDiscovery Challenge Survey: eDiscovery Trends 614 445 Doug Austin

Remember the Microsoft Office 365 eDiscovery Challenge Survey that Tom O’Connor and Don Swanson were conducting? The results are in!

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Court Rules on Dispute over Native File Format Production and Metadata: eDiscovery Case Law
Court Rules on Dispute over Native File Format Production and Metadata: eDiscovery Case Law 479 270 Doug Austin

In Metlife Inv’rs. USA Ins. Co. v. Lindsey, Indiana Magistrate Judge John E. Martin granted the motion of the defendants/counter plaintiffs (defendants) to compel the plaintiff/counter-defendant (plaintiff) to produce all responsive documents in the form in which they are maintained in the usual course of business (i.e., native files with metadata) and also ordered the defendants to file an itemization of costs and fees, including attorney’s fees, incurred in making the Motion to Compel.

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It’s Fall! Has eDiscovery Business Confidence Fallen?: eDiscovery Trends
It’s Fall! Has eDiscovery Business Confidence Fallen?: eDiscovery Trends 533 353 Doug Austin

The Complex Discovery eDiscovery Business Confidence Survey is in the last quarter of its third year and the results are in for the Fall 2018 eDiscovery Business Confidence Survey!  As was the case for the 2016 Winter, Spring, Summer and Fall surveys, the 2017 Winter, Spring, Summer and Fall surveys and the 2018 Winter, Spring…

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The “Luddite” Lawyer: Will Lawyers Ever Embrace Technology? (November 28, 2018)
The “Luddite” Lawyer: Will Lawyers Ever Embrace Technology? (November 28, 2018) 150 150 Marketing Team

Technology Assisted Review (TAR) has been court approved for nearly seven years now yet, many lawyers still have yet to embrace these new technologies and approaches. Why, and what needs to happen to change things?.

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The Only Thing We Have to Fear is eDiscovery Itself: eDiscovery Horrors!
The Only Thing We Have to Fear is eDiscovery Itself: eDiscovery Horrors! 600 392 Doug Austin

As indicated by our friend “Jack”, today is Halloween! This is our ninth(!) year to identify stories to try to “scare” you with tales of eDiscovery and cybersecurity horrors because we are, after all, an eDiscovery blog. Let’s see how we do this year. Michael Myers ain’t got nothing on us!

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Tomorrow’s Webcast Will Help You Get a “Clue” Regarding Your eDiscovery Process: eDiscovery Webcasts
Tomorrow’s Webcast Will Help You Get a “Clue” Regarding Your eDiscovery Process: eDiscovery Webcasts 502 515 Doug Austin

Why am I promoting our monthly webcast today instead of the actual day of the webcast (like I usually do)? You’ll see tomorrow when we publish our ninth(!) annual Halloween list of eDiscovery “frights”. Do you scare easily? Then, DON’T read tomorrow’s post! But, DO attend our webcast tomorrow to get a “clue” regarding your eDiscovery process from me, Tom O’Connor and a special guest! Hint: It’s Mike Q.

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Court Grants Adverse Inference Sanction Against Target for Failing to Preserve Surveillance Video: eDiscovery Case Law
Court Grants Adverse Inference Sanction Against Target for Failing to Preserve Surveillance Video: eDiscovery Case Law 479 270 Doug Austin

In Decker v. Target Corp., Utah District Judge Jill N. Parrish granted in part and denied in part the plaintiffs’ for a finding of spoliation and for sanctions, granting the plaintiffs’ request for sanctions for failing to preserve more of the video surveillance footage of the plaintiff’s trip and fall accident, but denied the plaintiffs’ request for sanctions for failing to preserve training records and the store’s safety statistics and records for 2015.

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Mike Q Says the Weakest Link in TAR is Humans: eDiscovery Best Practices
Mike Q Says the Weakest Link in TAR is Humans: eDiscovery Best Practices 570 422 Doug Austin

Remember The Weakest Link? That was the early 2000’s game show with the sharp-tongued British hostess (Anne Robinson) telling contestants that were eliminated “You are the weakest link. Goodbye!” Anyway, in Above the Law (Are Humans The Weak Link In Technology-Assisted Review?), Mike takes a look at TAR and concludes that when TAR has problems, it’s because of the people.

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Here’s a Terrific Scorecard for Mobile Evidence Discovery: eDiscovery Best Practices
Here’s a Terrific Scorecard for Mobile Evidence Discovery: eDiscovery Best Practices 337 341 Doug Austin

As we’ve noted before, eDiscovery isn’t just about discovery of emails and office documents anymore. There are so many sources of data these days that legal professionals have to account for and millions more being transmitted over the internet every minute, much of which is being transmitted and managed via mobile devices. Now, here’s a terrific new Mobile Evidence Burden and Relevance Scorecard, courtesy of Craig Ball!

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