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.
Here’s a Webcast to Learn about Key Case Law for 2018 and How it Affects Your 2019: eDiscovery Webcasts
Here’s a Webcast to Learn about Key Case Law for 2018 and How it Affects Your 2019: eDiscovery Webcasts 640 360 Doug Austin

2018 was another notable year for eDiscovery case law with several significant rulings that stand to impact eDiscovery practices and the admissibility of evidence. How can these key case law decisions affect discovery within your organization? Here’s a webcast that will discuss key case law rulings from last year and their impact on this year.

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Court Sides with Defendants in Subpoena of Police Department Records of Unsolved Murder: eDiscovery Case Law
Court Sides with Defendants in Subpoena of Police Department Records of Unsolved Murder: eDiscovery Case Law 479 270 Doug Austin

In Farmers New World Life Ins. Co. v. Atchison, Oklahoma District Judge Timothy D. DiGiusti granted the “Children” defendants’ Motion to Compel against non-party City of Oklahoma City Police Department (“OCPD”) to comply with the Children’s subpoena of records related to the murder of their father in a civil case with the insurance company.

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It’s 2019! Here Are Key Events Happening This Year in eDiscovery: eDiscovery Trends
It’s 2019! Here Are Key Events Happening This Year in eDiscovery: eDiscovery Trends 590 392 Doug Austin

Happy New Year everybody! It’s 2019, and (as Mike Greenberg used to say on the old Mike and Mike ESPN morning sports show), we’re back and better than ever! So, what is happening in eDiscovery in 2019? A lot more than you probably realize and, thanks to Rob Robinson’s Complex Discovery blog, you have one place to check it all out!

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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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