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.
Is Blockchain as Secure as People Think? Maybe Not: Cybersecurity Best Practices
Is Blockchain as Secure as People Think? Maybe Not: Cybersecurity Best Practices 624 304 Doug Austin

As you may have seen yesterday, Tom O’Connor has written his latest terrific informational overview series for CloudNine about blockchain that we will be covering in a six-part series over the next couple of weeks. Not to steal any thunder, but Tom’s article will cover things like the advantages of blockchain and its impact on legal technology and eDiscovery. One advantage that a lot of people have been saying about blockchain is the idea that it’s essentially “unhackable” from a cybersecurity standpoint. That may not actually be true.

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Understanding Blockchain and its Impact on Legal Technology
Understanding Blockchain and its Impact on Legal Technology 490 347 Tom O'Connor

I first started paying attention to blockchain at ILTACON17 when I noticed how often it was cited in security sessions. The ILTA sessions helped me learn more about how blockchain tools were dealing with these issues. And I’ve continued to monitor the growth of the tool since then. This paper is an attempt to give an overview of where blockchain is at the onset of 2019.

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Here’s an Example of a Phishing Email I Received and What I Did About It: Cybersecurity Best Practices
Here’s an Example of a Phishing Email I Received and What I Did About It: Cybersecurity Best Practices 335 269 Doug Austin

When you get an email from your boss asking you to help him with something, your natural tendency is to take it seriously and drop what you’re doing so that you can help. But, if you’re not careful, you could find out that you’re the victim of a phishing email. I got an email just like that yesterday – here’s how I was able to quickly realize what it was and avoid making a big mistake.

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To Preserve Sanction Potential, Plaintiff Fights To NOT Have Claim Against Them Dismissed: eDiscovery Case Law
To Preserve Sanction Potential, Plaintiff Fights To NOT Have Claim Against Them Dismissed: eDiscovery Case Law 417 292 Doug Austin

Yes, you read that right. In DR Distrib., LLC v. 21 Century Smoking, Inc., Illinois District Judge Iain D. Johnston denied the defendants’ Motion for Leave to Amend their counterclaim to remove their own defamation counterclaim (Count VIII) against the plaintiffs – a move to which the plaintiffs objected, because it could eliminate their chance to pursue sanctions against the defendants for ESI spoliation.

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Emoji Are Showing Up in Court Cases More and More: eDiscovery Trends
Emoji Are Showing Up in Court Cases More and More: eDiscovery Trends 507 508 Doug Austin

Without a doubt, our forms of communication are continuing to evolve from just email and we now have to add social media, text messaging and other messaging apps as forms of communication that need to be routinely preserved, collected, processed, reviewed and produced. But, it’s not just the forms of communication that are changing, it’s the way we communicate that is changing as well. So, you may or may not be surprised that emoji (yes, the plural of “emoji” is still “emoji”, at least officially) are showing up in court cases exponentially.

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No Bad Faith Means No Sanctions for Failing to Preserve Video of Altercation: eDiscovery Case Law
No Bad Faith Means No Sanctions for Failing to Preserve Video of Altercation: eDiscovery Case Law 479 270 Doug Austin

In Stovall v. Brykan Legends, LLC, Kansas Magistrate Judge James P. O’Hara denied the plaintiff’s motion for sanctions based on the defendant’s alleged spoliation of a surveillance video that shows an altercation between the plaintiff and her supervisor, stating that “plaintiff has failed to meet the requirements of Fed. R. Civ. P. 37(e)(2)”.

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How Many States Have Security Breach Notification Laws? You Might Be Surprised: Cybersecurity Trends
How Many States Have Security Breach Notification Laws? You Might Be Surprised: Cybersecurity Trends 619 383 Doug Austin

Usually, I end each blog post with “So, what do you think?”, but this time I’m starting with it. How many states do you think have some sort of legislation requiring private or governmental entities to notify individuals of security breaches of information involving personally identifiable information (PII)? Ten? Twenty? Thirty? You might be surprised.

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NY Appeals Court Extends Discoverability of Social Media Photos to “Tagged” Photos: eDiscovery Case Law
NY Appeals Court Extends Discoverability of Social Media Photos to “Tagged” Photos: eDiscovery Case Law 479 270 Doug Austin

In Vasquez-Santos v. Mathew, the New York Appellate Division, First Department panel “unanimously reversed” an order by the Supreme Court, New York County last June that denied the defendant’s motion to compel access by a third-party data mining company to plaintiff’s devices, email accounts, and social media accounts, so as to obtain photographs and other evidence of plaintiff engaging in physical activities and granted the defendant’s motion.

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My Love for What I Do: eDiscovery Love Story
My Love for What I Do: eDiscovery Love Story 454 454 Doug Austin

It’s Valentine’s Day! As you can guess from the picture for this post, I do! I hope you all have a special someone with which you can share Valentine’s Day. Regardless of that, I hope you all love what you do as much as I do.

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Germans Order Facebook To Change How it Collects User Data: Data Privacy Trends
Germans Order Facebook To Change How it Collects User Data: Data Privacy Trends 689 388 Doug Austin

Two days, two stories about Germans finding fault with companies’ handling of personal data….

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