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Salana Yarger

eDiscovery Daily Blog

Convenience and Catastrophes of Self-Collection

Navigating through discovery to find affordable and time-saving efficiencies is now more important than ever.  As the number of employees working remotely has dramatically increased during the COVID-19 Pandemic, attorneys are looking to alternative solutions for data collection amid challenges of reduced budgets and limited access to workplace assets and staff.  In this scenario, a compelling alternative might lead one to custodial self-collection.  Consider the benefits of self-collection against the risk of compromising potentially admissible data and jeopardizing court-defined responsibilityand the answer becomes evident:  the high cost of the short-cutting discovery far outweighs any potential for convenience or cost savings. 

Experts have declared their warning on the risks of self-collection and judges have issued sanctions for abuse, or mishandling over the process, for years.  Still, attorneys continue to make the same mistakes of assigning the task to self-interested employees; failing to supervise the process; delivering corrupted metadata because of the way it was collected, and the list goes on. 

Whether the attorney asks the client’s employees to preserve, search, identify and collect their own data, or the internal IT staff performs the final step, self-collection remains questionable practice.  The process of preservation and collection roll-up to a matter of competence, ethics, and duty of candor in their “obligation to have knowledge of, supervise, or counsel the client’s discovery search, collection and production.”1

Court Response:

These issues were demonstrated clearly in the recent case of EEOC v M1 1500 GroupPresiding Judge Matthewman of the United States District Court for the Southern District of Florida, reprimanded the defense attorney for his oversight of the collection process, citing their failure to exercise the requisite supervision.  According to the Court, the surmounting concerns over self-collected discovery are validated through incomplete discovery productions and the destruction of responsive information.”  

Fortunately, Judge Matthewman extended another opportunity to collect the data but, also suggested the defendants hire a legal service provider to remedy the problems caused by self-collection and deliver a valid dataset to the plaintiffs.  Further, the Court advised its intention to “closely supervise the discovery process” to ensure counsel complies with all discovery obligations. 

All things considered, cutting corners at any phase of discovery can be a compromise of catastrophic proportions.  Without the proper actions in place to support self-collection process, one is subject to judicial sanctions, ethical violations, or the invalidation of potentially responsive records.  A prudent and more practical approach would be to leverage the right technology early in the process and streamline your workflow or, entrust service professionals with existing tools and certifications to complete collections confidently and thoroughly. 

1 Federal Rule of Civil Procedure 26(g)(1); ABA Model Rule 3.3; and, commentary about Rule 26(g) from the Advisory Committee Notes, case law, and the Sedona Conference Working Group on Electronic Document Production.

CloudNine Awards Multiple LAW Certifications to LDM Global

Expanded Training and Certification Program Complements eDiscovery provider’s offering
HOUSTON, TX – Discovery automation software provider CloudNine™ has awarded administrator certification for CloudNine LAW™ to LDM Global, solidifying the relationship between the two companies. LDM Global is an information management, data solutions and litigation support firm with offices around the world.

Continuing its commitment to streamline the discovery process and offer multiple eDiscovery tools for its clients, LDM Global pursued certified administrator training with CloudNine LAW for members of its litigation support team. LAW is a robust software used to process and produce millions of print and digital documents, with speed and efficiency.

LDM Global’s core focus includes growing its team members’ expertise through continued educational training. Partnering with other software providers such as CloudNine ensures a well-rounded knowledge of many eDiscovery tools to ensure clients are offered the best support by subject matter experts regardless of the tool chosen.

“LDM Global considers itself to be technology-neutral, and we offer and support a number of top eDiscovery tools to ensure our clients are offered the best resources for their needs,” said LDM Global CEO Conor Looney, “As an experienced software provider, CloudNine offers a robust and effective training program to ensure attendees have the knowledge needed to support the LAW software efficiently.”

Administrator certification is offered only after the successful completion of two prerequisite courses totaling 8 hours of hands-on, instructor-led training. CloudNine LAW 301 is a rigorous, 4-hour training course during which students engage in a virtual environment to run experimental test data and demonstrate their expertise in complex, troubleshooting scenarios. The web-based training is delivered through a live, scheduled session moderated by an instructor for immediate interaction and support.

The CloudNine LAW certifications were issued to Trilok Singh Rawat, Operations Manager, with more than a decade of eDiscovery experience, and Nagaraju Kshirasagar, a senior associate with three years of experience in eDiscovery and litigation support. Singh Rawat specializes in eDiscovery domain knowledge and ESI trends. Kshirasagar is a keen learner of technologies and likes to work with their functionality to obtain the best result for clients. He is well versed in Nuix and ViewPoint and is a certified Relativity One Pro and certified Relativity User.

CloudNine CEO Brad Jenkins remarked, “As both our industry and technology have evolved, the expectation for immediate results parallels the progress. Success in litigation support means processing data fast but also thoroughly to minimize risk. LDM Global is a strong service provider with an impressive list of clients, and we are thrilled to have LDM Global team members certified in expert-level LAW administration and able to support more clients across the world in the tool.

For more information about CloudNine Training and Certification, visit:
https://cloudnine.com/software-training/

About CloudNine, The eDiscovery Company
Founded in 2002 and based in Houston, CloudNine is a discovery technology company with expertise in simplifying and automating data discovery for audits, investigations, and litigation. CloudNine’s product line includes CloudNine LAW, Concordance®, Explore™ and Review™. Offering both live and web-based training, the CloudNine Training & Certification program offers certified credentials at User and Administrator levels. Used by more than 1,000 legal and business customers worldwide including over 100 of the top 200 Law firms and many leading corporations, CloudNine’s on and off-premise software provides customers with insight and intelligence on electronic data. CloudNine has been highlighted by numerous industry experts and also publishes the eDiscovery Daily blog, a popular, trusted source for legal industry information.

About LDM Global
Founded in 1996, LDM Global is an information management, data solutions and litigation support firm. The company is an international provider of eDiscovery, Digital Forensics, Document Review and Cybersecurity services to law firms and corporations. Clients are supported 24 hours a day, seven days a week from four secure global data centers, in the United Kingdom, the United States, Australia and the Caribbean; operations hubs and solutions consultants in the United States, Australia and India; and certified consultants in key international locations.

For more information contact:
Salana Yarger
Director of Marketing
syarger@cloudnine.com
713-462-6464

https://www.prlog.org/12764586-cloudnine-awards-multiple-law-certifications-to-ldm-global.html

CloudNine Announces New Release of Law 7.1 and Explore 7.1

eDiscovery Leader Builds Unprecedented Speed and Performance into Software Release Features

HOUSTON: CloudNine is pleased to announce the release of LAW 7.1 and Explore 7.1 with significant improvements in speed and performance built into the LAW Turbo Import and Explore’s LAW Direct Export. To support the roadmap set during Legal Week 2019, CloudNine maintains their commitment in the on-going development of its full product suite CloudNine LAW, Concordance, Explore and Review.

CloudNine acquired the product suite, now rebranded to CloudNine LAW™, CloudNine Concordance®, CloudNine Explore™ (formerly Early Data Analyzer™ or “EDA”) from LexisNexis in March 2018. Combining the flagship software with its incumbent CloudNine Review™, the company now provides a complete, end-to-end eDiscovery solution.

CloudNine Product Owner, Jared Greene remarked: “The investment into LAW development over the past year has provided tremendous performance enhancements including a multi-core, multi-threaded Turbo Import ingestion engine to process and load data almost 400 percent faster compared to ED Loader. These breakthrough enhancements combined with the features in the 7.1 release, makes CloudNine LAW one of the fastest, and easiest utilities on the market.”

The Turbo Import in LAW 7.1 now offers ingestion speeds up to 12x faster compared to ED Loader. The release also supports SQL login accounts thus removing requirements for hard-coded logins. Among other notable enhancements, Adobe DC Standard and Pro are now both certified for use with LAW processing.

Enhancements to Explore 7.1 have increased performance speeds for LAW Direct Export and includes improvements to the Explore and Turbo Import memory management to further reduce processing time and risk of critical errors.

Going forward, CloudNine will pursue a development path to add TWAIN support to Scan-Unlimited. This allows LAW users to continue using a scan product with the assurance of future development and maintenance support.

To read the full release notes, visit: https://bit.ly/2FxidzM

For more information about CloudNine, email: info@cloudnine.com

About CloudNine, The eDiscovery Company

Founded in 2002 and based in Houston, CloudNine (cloudnine.com) is a discovery technology company with expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. CloudNine’s product line includes CloudNine Review, CloudNine Concordance, CloudNine Explore and CloudNine LAW. Used by more than 1,000 legal and business customers worldwide including more than 100 of the top 200 Law firms and many of the world’s leading corporations, CloudNine’s off-premise and on-premise software helps customers gain insight and intelligence on electronic data.

CloudNine has been highlighted by industry experts in reports, reviews, and surveys including Gartner, 451 Research, Blue Hill Research, Corporate Counsel Magazine, the New York Journal, and Texas Lawyer. CloudNine also publishes the eDiscovery Daily blog, a popular, trusted source for legal industry information. Learn more about CloudNine at cloudnine.com or email info@cloudnine.com

CloudNine Rolls Out Feature Releases for LAW PreDiscovery and Early Data Analyzer eDiscovery Software Offerings

New Releases Deliver on CloudNine Plan to Extend and Increase the Productivity of Leading Legal Discovery On-Premise Software Solutions

HOUSTON – CloudNine, a leader in simplifying and automating legal discovery, today announced the availability of new feature and update releases for the company’s LAW PreDiscovery® (LAW) and Early Data Analyzer (EDA) on-premise eDiscovery software offerings. These new releases extend the ability of CloudNine’s on-premise customers to conduct critical eDiscovery tasks from the proven and powerful LAW and EDA platforms. The releases are available immediately for current CloudNine on-premise software customers.

“CloudNine is excited to announce our first of many planned feature releases for the recently acquired LAW and EDA products,” shared Bill David, Chief Technology Officer for CloudNine. “We are committed to ensuring these products are continually improved to meet the always changing challenges of data and legal discovery, and the first feature releases for these products as part of the CloudNine portfolio of eDiscovery offerings demonstrate not only our commitment but our capability to deliver on that commitment.”

LAW PreDiscovery 6.18 Feature and Update Release

CloudNine LAW PreDiscovery helps legal professionals and their service providers meet the increasing demands in the discovery of printed and electronic documents. By integrating production-level scanning with robust eDiscovery and data processing features, LAW PreDiscovery is optimized to enable scalable execution of even the largest discovery projects, from running multiple computers to batch scan boxes of paper documents to importing millions of e-mails and attachments from mail stores, to full text indexing, querying, and exporting to many other popular litigation support applications.

Today’s announced 6.18 version of LAW now includes the following seven new features to enhance user eDiscovery effectiveness among other fixes and enhancements:

  • Ability to Save Full-Text Searches
  • Ability to Create TIFF Profiles
  • Adobe Acrobat DC Certified for a Source Application for Processing
  • Batch Process Job Creation Supported from LAW Management Console
  • Endorsements Can Be Applied in Color
  • File Type Management Access Databases Now Can Be Converted and Uploaded into SQL (EDLoader)
  • Support for Undocking of Software Licenses 

Early Data Analyzer 2.6 Feature and Update Release

CloudNine Early Data Analyzer is a standalone module that helps legal professionals and their service providers reduce cost and risk by conducting early data assessment prior to processing, production, and review.

Today’s announced 2.6 version of EDA now includes the following ten new features to enhance early data assessment among other fixes and enhancements:

  • Ability to Combine Existing Fields into One for Native and LAW Direct Exports
  • Document Numbering and Grouping Options for Native and LAW Direct Exports
  • Enhanced Date Formatting Options for Native and LAW Direct Exports
  • Enhancements for EDA Exports
  • For LAW PreDiscovery Exports, the File Type Management Database May Now Be Refenced in SQL
  • Improved LAW Direct Export Error Handling
  • Improved PDF Encryption Detection
  • Improvement in Agent Handling for OCRing and Exporting (NSFS Documents)
  • Multiple Agents/Processes Can Now Simultaneously Ingest Content from RAR, Zip, 7Zip, Forensic Image, and PDF Portfolio Files
  • Multi-Agent Processing Supported for Archives and Forensic Images

“Simplifying eDiscovery with advanced and automated on-premise and off-premise software offerings continues to be a top priority for CloudNine,” shared Brad Jenkins, CEO of CloudNine. “These initial feature releases from CloudNine for LAW and EDA are designed to help legal professionals more efficiently deal with the daily investigation and litigation challenges presented from increasingly complex discovery and review requirements. We are thrilled to be ahead of our post-acquisition development schedule for our LAW and EDA products because that means we can accelerate the automation and integration of our complete software portfolio to increase customer choices for eDiscovery ingestion, processing, and review.

Learn More

To learn more about the new LAW and EDA releases or how CloudNine on-premise and off-premise offerings can augment and enhance your eDiscovery workstreams, visit cloudnine.com.

About CloudNine, The eDiscovery Company

Founded in 2002, and based in Houston, Texas, CloudNine (cloudnine.com) is a legal discovery technology company with expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by more than 2,000 legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s off-premise and on-premise software and services help customers gain insight and intelligence on electronic data.

CloudNine has been highlighted by industry experts in reports, reviews, and surveys including Gartner, 451 Research, Blue Hill Research, Corporate Counsel Magazine, the New York Journal, and Texas Lawyer. CloudNine also publishes the eDiscovery Daily Blog, a popular, trusted source for legal industry information. A leader in eDiscovery simplification and automation, you can learn more about CloudNine at cloudnine.com.

Company Contact

Doug Austin
CloudNine
pr@cloudnine.com

Media Contact

Daniel Yunger or Cathryn Vaulman
KEKST
212-521-4800

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