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Software as a Service (SaaS)

What to Do BEFORE Your Laptop is Stolen – eDiscovery Best Practices

One of the earliest blog posts I ever wrote for this blog was regarding the myth of SaaS (Software-as-a-Service) security finally being busted and that SaaS data is much more difficult to steal than desktop application data, which “could be one stolen laptop away from being compromised”.  A little over three years later, I got to experience that scenario first-hand.

Last week, while stopping at a restaurant to wait out a flight delay to LegalTech New York (LTNY), my laptop was stolen.  Our bags were in my boss’s truck, a mere 12 feet away from the entrance to the restaurant, just around the corner.  The thieves knocked out the passenger side lock and (evidently) took the bags that they could carry, which was my two co-workers’ garment bags, my laptop and my boss’s travel laptop.  Apparently, my garment bags weren’t worthy enough to steal.  Not sure if that says anything about my wardrobe or not.  Hmmm…

Naturally, the restaurant didn’t have security cameras.  And, I never normally leave my laptop in a car.  The one time…

Anyway, no matter how secure your laptop is, when it’s stolen, you spend the next couple of hours changing every online password you can think of.  I changed eighteen of them.  I had unfortunately left a checkbook in my laptop bag, so I also had to call my bank and get some checks canceled.  The laptop itself had good laptop authentication security and I also use a strong password (which I’ve now changed, hah!), so it will be very difficult for the thieves to gain access to my data.

None of that data was client data as we keep that on a secured server which I access directly when in the office and via Sonicwall Virtual Private Network (VPN) when I’m out of the office.  Most of the data was previously written blog posts, some generic test data (Enron, anybody?) and various marketing materials or downloaded articles.

Nonetheless, losing that data would be inconvenient, so I’m a big proponent of cloud-based backups, which will back up data in the background while you’re working.  I also back up to a local external hard drive, so I’m a “belt and suspenders” backer-upper.  With a handful of exceptions (that I’ll unfortunately have to re-create) most of that data was backed up to one or both locations.

Lessons to learn: 1) Make sure to implement strong security on your laptop, with strong BIOS passwords and hard drive passwords.  Encryption and/or biometric security (through fingerprint identification) is even better.  2) Make sure your data is backed up regularly.  Cloud-based backups, like Dropbox and other services, are great because they back up data in the background so you don’t have to remember to do it.

Oh, and don’t leave your laptop in the car.  It only takes one time, as I unfortunately found out.

So, what do you think?  What measures do you use to protect your laptop data? Please share any comments you may have, or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Are You Scared Yet? – eDiscovery Horrors!

Today is Halloween.  Every year at this time, because (after all) we’re an eDiscovery blog, we try to “scare” you with tales of eDiscovery horrors.  So, I have one question: Are you scared yet?

Did you know that there has been over 3.4 sextillion bytes created in the Digital Universe since the beginning of the year, and data in the world will grow nearly three times as much from 2012 to 2017?  How do you handle your own growing universe of data?

What about this?

The proposed blended hourly rate was $402 for firm associates and $632 for firm partners. However, the firm asked for contract attorney hourly rates as high as $550 with a blended rate of $466.

How about this?

You’ve got an employee suing her ex-employer for discrimination, hostile work environment and being forced to resign. During discovery, it was determined that a key email was deleted due to the employer’s routine auto-delete policy, so the plaintiff filed a motion for sanctions. Sound familiar? Yep. Was her motion granted? Nope.

Or maybe this?

After identifying custodians relevant to the case and collecting files from each, you’ve collected roughly 100 gigabytes (GB) of Microsoft Outlook email PST files and loose electronic files from the custodians. You identify a vendor to process the files to load into a review tool, so that you can perform review and produce the files to opposing counsel. After processing, the vendor sends you a bill – and they’ve charged you to process over 200 GB!!

Scary, huh?  If the possibility of exponential data growth, vendors holding data hostage and billable review rates of $466 per hour keep you awake at night, then the folks at eDiscovery Daily will do our best to provide useful information and best practices to enable you to relax and sleep soundly, even on Halloween!

Then again, if the expense, difficulty and risk of processing and loading up to 100 GB of data into an eDiscovery review application that you’ve never used before terrifies you, maybe you should check this out.

Of course, if you seriously want to get into the spirit of Halloween, click here.  This will really terrify you!

What do you think?  Is there a particular eDiscovery issue that scares you?  Please share your comments and let us know if you’d like more information on a particular topic.

Happy Halloween!

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Five More Things to Know Before Moving eDiscovery to the Cloud – eDiscovery Best Practices

Yesterday, we covered the first five items in Joel Jacob’s article in Information Management.com (10 Things to Know Before Moving E-Discovery to the Cloud), which provides an interesting checklist for those considering a move to cloud computing.  Here are the remaining five items, with some comments from me.

6. Assess potential – and realistic – risks associated with security, data privacy and data loss prevention.  The author notes the importance of assessing security risks, and, of course, it’s important to understand how the cloud provider handles security and that there are clear-cut policies and objectives in place.  It’s also important to compare the cloud provider’s security mechanisms to your own security mechanisms.  Any cloud provider “worth their salt” should have a comprehensive security plan that meets or exceeds that of most organizations.

7. Develop an implementation plan, including an internal communication strategy.  The author advocates getting legal and IT on the same page, testing and conducting a proof of concept on work procedures and identifying quantifiable metrics for evaluating the system/service.  All solid ideas.

8. Leverage the success or adoption of other SaaS solutions in the organization to lessen resistance.  The author notes that “process of moving to the cloud and/or moving e-discovery to the cloud will need to be driven through cultural change management”.  However, they already likely use several SaaS based solutions.  Here are some of the most popular ones: Amazon, Facebook, Twitter, eBay and YouTube.  Oh, and possibly Google Docs and SalesForce.com as well.  That should address resistance concerns.

9. Run a pilot on a small project before moving to larger, mission-critical matters.  The author advocates finding a test data set or dormant case that has known outcomes, and running it in the new cloud solution.  The cloud provider should enable you to do so via a no risk trial (shameless plug warning, here’s ours), so that you can truly try it before you buy it, with your own data.

10. Understand you are still the ultimate custodian of all electronically stored information.  As the author notes, “The data belongs to you, and the burden of controlling it falls on you. The Federal Rules of Civil Procedure state that no matter where the data is hosted, the company that owns it is ultimately responsible for it.”  That’s why it’s critical to address questions about where the data is stored and mechanisms for securing your company’s data.  If you can’t answer those questions to your satisfaction with the cloud provider you’re evaluating, perhaps they’re not the provider for you.

So, what do you think?  Have you implemented a SaaS based solution for eDiscovery?   Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

10 Things to Know Before Moving eDiscovery to the Cloud – eDiscovery Best Practices
 

Software as a Service (SaaS) accounted for 49 percent of all eDiscovery software revenues tracked in 2011, according to Gartner’s report, Market Trends: Automated, Analytical Approaches Drive the Enterprise E-Discovery Software Market.  Joel Jacob’s article in Information Management.com (10 Things to Know Before Moving E-Discovery to the Cloud) provides an interesting checklist for those considering a move to cloud computing.  Here they are, with some comments from me.

1.     Actively involve all stakeholders across multiple departments.  The article promotes involving “as many stakeholders and members of management as possible, typically from legal, IT, compliance, security and any other department that may be impacted by a new model”.  Legal should also include outside counsel when appropriate – they will often be the heaviest users of the application, so it should be easy for them to learn and use.

2.     Document and define areas of potential cost savings.  Jacob advocates considering the eDiscovery process as defined by the Electronic Discovery Reference Model (EDRM).  It’s easy to forget some of the cost savings and benefits that cloud computing can offer – not only reduction or elimination of hardware and software costs, but also reduction or elimination of personnel to support in-house systems, as well.

3.     Evaluate the e-discovery platform first and the cloud options second.  Clearly, the eDiscovery platform must meet the needs of the organization and the users or it doesn’t matter where it’s located.  However, it seems counter-productive to spend time evaluating platforms that could be ruled out because of the cloud options.  At the very least, identify any cloud “deal breakers” and eliminate any platforms that don’t fit with the required cloud model.

4.     Benchmark your existing e-discovery processes including data upload, processing, review and export.  This, of course, assumes you have an existing solution that you are considering replacing.  You will compare those benchmarks to those of the potential cloud solution when you perform a small pilot project (as we will discuss in an upcoming step).  The eDiscovery platform that you choose should ideally give you the option to load and export your own data, as well as providing good or better turnaround by the vendor (when compared to your internal staff) for performing those same functions when needed.

5.     Learn the differences between public and private clouds.  As the article notes, “[c]ompanies need to understand where there [sic] data will go, how it is protected, and if it is secured according to any industry specific regulations that apply (e.g., HIPPA, Sarbanes-Oxley, etc.).”  It’s especially important to know where your data will go – if it’s stored internationally, access to it may be subject to different rules.  As for how it is protected, here is some more information regarding how data can be protected in a cloud environment.

Tomorrow, we will cover items 6 through 10 of the checklist.  Oh, the anticipation!

So, what do you think?  Have you implemented a SaaS based solution for eDiscovery?   Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Ray Zwiefelhofer of World Software (Worldox) – eDiscovery Trends

This is the second of the 2013 LegalTech New York (LTNY) Thought Leader Interview series.  eDiscoveryDaily interviewed several thought leaders at LTNY this year and generally asked each of them the following questions:

  1. What are your general observations about LTNY this year and how it fits into emerging trends?
  2. If last year’s “next big thing” was the emergence of predictive coding, what do you feel is this year’s “next big thing”?
  3. What are you working on that you’d like our readers to know about?

Today’s thought leader is Ray Zwiefelhofer of World Software (Worldox).  Ray has over twenty years of experience within the technology and legal services market, offering professional, consulting, technology management and product solutions with an emphasis on working with AMLAW 250 & Fortune 500 organizations.  He has founded and served in President/CEO/CIO positions at software startups and as a CTO at a Fortune 500 company.  Prior to joining World Software, Ray was the Founder/CEO of nQueue a global cost recovery company where he patented and spearheaded the change from a hardware-based to software-based cost recovery model. Ray has also worked previously at include the Thomas Kinkade Network, Bowne, Imagineer, Equitrac and Diebold.

What are your general observations about LTNY this year and how it fits into emerging trends?

We felt the show has been terrific.  The traffic has appeared to be of higher quality than normal with many clients wanting a private demo and follow-up. Very typically, a post-review from prior shows included comments of the masses that just swung by to grab a pen or giveaway.  This year’s LegalTech attendees appear to be a more serious decision making audience.  The trends we saw continually popping up during the show included information governance, the cloud and big data.

If last year’s “next big thing” was the emergence of predictive coding, what do you feel is this year’s “next big thing”?

I think the first “next big thing” will be the continued race for mobility and platform flexibility such as cloud computing. Even the largest vendors at the show announced their focus on more cloud computing initiatives. I believe over the coming years, if this trend continues at the pace it has been keeping, there will be less talk about the cloud because prospects will just assume a vendor’s company has a cloud product.  It will be standard, like back when software was ‘network capable.’  Having spent 25 years in this market, I never thought we would see this heavy motivation to move to ‘hosted computing’, but hey, it’s here, so we must embrace it or get left behind!

What are you working on that you’d like our readers to know about?

At World Software, we continue to fulfill our vision of anywhere anytime document access, on the platform of our clients’ choice.  I believe long-gone is the day when we as vendors can dictate what the client needs to run our products.  At LegalTech NY, we launched our new GX3 cloud product which completes our suite of offerings, delivering the same technology as our client-server based product (Worldox GX3 Professional,) and our ‘on-premise’ cloud solution (GX3 enterprise) which sits behind the firm’s firewall on their servers. GX3 Cloud is hosted in our data center and is offered for a low monthly fee.

Thanks, Ray, for participating in the interview!

And to the readers, as always, please share any comments you might have or if you’d like to know more about a particular topic!

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Does This Scare You? – eDiscovery Horrors!

Today is Halloween.  While we could try to “scare” you with the traditional “frights”, we’re an eDiscovery blog, so every year we try to “scare” you in a different way instead.  Does this scare you?

The defendant had been previously sanctioned $500,000 ($475,000 to the plaintiff and $25,000 to the court) and held in contempt of court by the magistrate judge for spoliation, who also recommended an adverse inference instruction be issued at trial.  The defendant appealed to the district court, where Minnesota District Judge John Tunheim increased the award to the plaintiff to $600,000.  Oops!

What about this?

Even though the litigation hold letter from April 2008 was sent to the primary custodians, at least one principal was determined to have actively deleted relevant emails. Additionally, the plaintiffs made no effort to suspend the automatic destruction policy of emails, so emails that were deleted could not be recovered.  Ultimately, the court found that 9 of 14 key custodians had deleted relevant documents. After the defendants raised its spoliation concerns with the court, the plaintiffs continued to delete relevant information, including decommissioning and discarding an email server without preserving any of the relevant ESI.  As a result, the New York Supreme Court imposed the severest of sanctions against the plaintiffs for spoliation of evidence – dismissal of their $20 million case.

Or this?

For most organizations, information volume doubles every 18-24 months and 90% of the data in the world has been created in the last two years. In a typical company in 2011, storing that data consumed about 10% of the IT budget. At a growth rate of 40% (even as storage unit costs decline), storing this data will consume over 20% of the typical IT budget by 2014.

How about this?

There “was stunned silence by all attorneys in the court room after that order. It looks like neither side saw it coming.”

Or maybe this?

If you have deleted any of your photos from Facebook in the past three years, you may be surprised to find that they are probably still on the company’s servers.

Scary, huh?  If the possibility of sanctions, exponential data growth and judges ordering parties to perform predictive coding keep you awake at night, then the folks at eDiscovery Daily will do our best to provide useful information and best practices to enable you to relax and sleep soundly, even on Halloween!

Then again, if the expense, difficulty and risk of processing and loading up to 100 GB of data into an eDiscovery review application that you’ve never used before terrifies you, maybe you should check this out.

Of course, if you seriously want to get into the spirit of Halloween, click here.  This will really terrify you!

Those of you who are really mortified that the next post in Jane Gennarelli’s “Litigation 101” series won’t run this week, fear not – it will run tomorrow.

What do you think?  Is there a particular eDiscovery issue that scares you?  Please share your comments and let us know if you’d like more information on a particular topic.

Happy Halloween!

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Twitter Turns Over Tweets in People v. Harris – eDiscovery Case Law

As reported by Reuters, Twitter has turned over Tweets and Twitter account user information for Malcolm Harris in People v. Harris, after their motion for a stay of enforcement was denied by the Appellate Division, First Department in New York and they faced a finding of contempt for not turning over the information.  Twitter surrendered an “inch-high stack of paper inside a mailing envelope” to Manhattan Criminal Court Judge Matthew Sciarrino, which will remain under seal while a request for a stay by Harris is heard in a higher court.

Back in April, Harris, an Occupy Wall Street activist facing criminal charges, tried to quash a subpoena seeking production of his Tweets and his Twitter account user information in his New York criminal case.  That request was rejected, so Twitter then sought to quash the subpoena themselves, claiming that the order to produce the information imposed an “undue burden” on Twitter and even forced it to “violate federal law”.

Then, on June 30, Judge Sciarrino ruled that Twitter must produce tweets and user information of Harris, noting: “If you post a tweet, just like if you scream it out the window, there is no reasonable expectation of privacy. There is no proprietary interest in your tweets, which you have now gifted to the world. This is not the same as a private email, a private direct message, a private chat, or any of the other readily available ways to have a private conversation via the internet that now exist…Those private dialogues would require a warrant based on probable cause in order to access the relevant information.”  Judge Sciarrino indicated that his decision was “partially based on Twitter’s then terms of service agreement”, which was subsequently modified to add the statement “You Retain Your Right To Any Content You Submit, Post Or Display On Or Through The Service.”

Twitter filed an appeal of the trial court’s decision in with the Appellate Division, First Department in New York, but, unfortunately for Twitter, it didn’t take long for the appellate court panel to rule, as they denied Twitter’s motion for a stay of enforcement of the Trial Court’s order to produce Malcolm Harris’s tweets.  Twitter was ultimately given a deadline by the Trial Court during a hearing on the District Attorney’s motion (for Twitter to show cause as to why they should not be held in contempt for failure to produce the tweets) to produce Harris’s information by Friday September 14 or face a finding of contempt. Judge Sciarrino even went so far as to warn Twitter that he would review their most recent quarterly financial statements in determining the appropriate financial penalty if Twitter did not obey the order.  Now they have, though the information has been kept under seal (at least for now).

As the Reuters article notes, “The case has drawn interest from privacy advocates, including the Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU), which have filed an amicus brief in support of Twitter’s appeal.  They are concerned the ruling could set a precedent putting the onus on social media companies to try to protect their users from criminal prosecution.”

So, what do you think?  Will the stay be denied or will the information remain under seal?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

eDiscovery Daily is Two Years Old Today!
 

It’s hard to believe that it has been two years ago today since we launched the eDiscoveryDaily blog.  Now that we’ve hit the “terrible twos”, is the blog going to start going off on rants about various eDiscovery topics, like Will McAvoy in The Newsroom?   Maybe.  Or maybe not.  Wouldn’t that be fun!

As we noted when recently acknowledging our 500th post, we have seen traffic on our site (from our first three months of existence to our most recent three months) grow an amazing 442%!  Our subscriber base has nearly doubled in the last year alone!  We now have nearly seven times the visitors to the site as we did when we first started.  We continue to appreciate the interest you’ve shown in the topics and will do our best to continue to provide interesting and useful eDiscovery news and analysis.  That’s what this blog is all about.  And, in each post, we like to ask for you to “please share any comments you might have or if you’d like to know more about a particular topic”, so we encourage you to do so to make this blog even more useful.

We also want to thank the blogs and publications that have linked to our posts and raised our public awareness, including Pinhawk, The Electronic Discovery Reading Room, Unfiltered Orange, Litigation Support Blog.com, Litigation Support Technology & News, Ride the Lightning, InfoGovernance Engagement Area, Learn About E-Discovery, Alltop, Law.com, Justia Blawg Search, Atkinson-Baker (depo.com), ABA Journal, Complex Discovery, Next Generation eDiscovery Law & Tech Blog and any other publication that has picked up at least one of our posts for reference (sorry if I missed any!).  We really appreciate it!

We like to take a look back every six months at some of the important stories and topics during that time.  So, here are some posts over the last six months you may have missed.  Enjoy!

We talked about best practices for issuing litigation holds and how issuing the litigation hold is just the beginning.

By the way, did you know that if you deleted a photo on Facebook three years ago, it may still be online?

We discussed states (Delaware, Pennsylvania and Florida) that have implemented new rules for eDiscovery in the past few months.

We talked about how to achieve success as a non-attorney in a law firm, providing quality eDiscovery services to your internal “clients” and how to be an eDiscovery consultant, and not just an order taker, for your clients.

We warned you that stop words can stop your searches from being effective, talked about how important it is to test your searches before the meet and confer and discussed the importance of the first 7 to 10 days once litigation hits in addressing eDiscovery issues.

We told you that, sometimes, you may need to collect from custodians that aren’t there, differentiated between quality assurance and quality control and discussed the importance of making sure that file counts add up to what was collected (with an example, no less).

By the way, did you know the number of pages in a gigabyte can vary widely and the same exact content in different file formats can vary by as much as 16 to 20 times in size?

We provided a book review on Zubulake’s e-Discovery and then interviewed the author, Laura Zubulake, as well.

BTW, eDiscovery Daily has had 150 posts related to eDiscovery Case Law since the blog began.  Fifty of them have been in the last six months.

P.S. – We still haven't missed a business day yet without a post.  Yes, we are crazy.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

eDiscovery Case Law: Twitter Loses Appeal in People v. Harris
 

As reported in the Gibbons E-Discovery Law Alert blog, Twitter filed an appeal of the trial court’s decision in People v. Harris with the Appellate Division, First Department in New York, arguing that Twitter users have the right to quash subpoenas pursuant to Twitter’s terms of service agreement as well as because defendants’ constitutional rights are implicated by a government-issued subpoena to a third party.  Unfortunately for Twitter, it didn’t take long for the appellate court panel to rule, as they denied Twitter’s motion for a stay of enforcement of the Trial Court’s order to produce Malcolm Harris’s tweets last week.

Attempts to Quash the Subpoena Fail

Back in April, Harris, an Occupy Wall Street activist facing criminal charges, tried to quash a subpoena seeking production of his Tweets and his Twitter account user information in his New York criminal case.  That request was rejected, so Twitter then sought to quash the subpoena themselves, claiming that the order to produce the information imposed an “undue burden” on Twitter and even forced it to “violate federal law”.

Then, on June 30, New York Criminal Court Judge Matthew Sciarrino Jr. ruled that Twitter must produce tweets and user information of Harris, noting: “If you post a tweet, just like if you scream it out the window, there is no reasonable expectation of privacy. There is no proprietary interest in your tweets, which you have now gifted to the world. This is not the same as a private email, a private direct message, a private chat, or any of the other readily available ways to have a private conversation via the internet that now exist…Those private dialogues would require a warrant based on probable cause in order to access the relevant information.”  Judge Sciarrino indicated that his decision was “partially based on Twitter's then terms of service agreement”, which was subsequently modified to add the statement “You Retain Your Right To Any Content You Submit, Post Or Display On Or Through The Service.”

Twitter Continues to Fight Ruling

After the ruling, the New York District Attorney filed an order for Twitter to show cause as to why they should not be held in contempt for failure to produce the tweets. Twitter responded by seeking the stay of enforcement pending the appeal.  Last week, Twitter was given a deadline by the Trial Court during a hearing on the District Attorney’s motion to produce Harris’s information by Friday September 14 or face a finding of contempt. Judge Sciarrino even went so far as to warn Twitter that he would review their most recent quarterly financial statements in determining the appropriate financial penalty if Twitter did not obey the order.

So, what do you think?  With the appeal denied, will Twitter finally produce the plaintiff’s information?  What impact does this case have on future subpoenas of Twitter user information?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

eDiscovery Milestones: Our 500th Post!

One thing about being a daily blog is that the posts accumulate more quickly.  As a result, I’m happy to announce that today is our 500th post on eDiscoveryDaily!  In less than two years of existence!

When we launched on September 20, 2010, our goal was to be a daily resource for eDiscovery news and analysis and we have done our best to deliver on that goal.  During that time, we have published 144 posts on eDiscovery Case Law and have identified numerous cases related to Spoliation Claims and Sanctions.   We’ve covered every phase of the EDRM life cycle, including:

We’ve discussed key industry trends in Social Media Technology and Cloud Computing.  We’ve published a number of posts on eDiscovery best practices on topics ranging from Project Management to coordinating eDiscovery within Law Firm Departments to Searching and Outsourcing.  And, a lot more.  Every post we have published is still available on the site for your reference.

Comparing our first three months of existence with our most recent three months, we have seen traffic on our site grow an amazing 442%!  Our subscriber base has nearly doubled in the last year alone!

And, we have you to thank for that!  Thanks for making the eDiscoveryDaily blog a regular resource for your eDiscovery news and analysis!  We really appreciate the support!

I also want to extend a special thanks to Jane Gennarelli, who has provided some wonderful best practice post series on a variety of topics, ranging from project management to coordinating review teams to learning how to be a true eDiscovery consultant instead of an order taker.  Her contributions are always well received and appreciated by the readers – and also especially by me, since I get a day off!

We always end each post with a request: “Please share any comments you might have or if you’d like to know more about a particular topic.”  And, we mean it.  We want to cover the topics you want to hear about, so please let us know.

Tomorrow, we’ll be back with a new, original post.  In the meantime, feel free to click on any of the links above and peruse some of our 499 previous posts.  Maybe you missed some?  😉

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.