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.
Exceptions are the Rule: eDiscovery Throwback Thursdays
Exceptions are the Rule: eDiscovery Throwback Thursdays 600 420 Doug Austin

Virtually every collection of electronically stored information (ESI) has at least some files that cannot be effectively searched. Corrupt files, password protected files and other types of exception files are pretty much constant components of your ESI collection and it can become very expensive to make these files searchable or reviewable. Being without an effective plan for addressing these files could lead to problems – even spoliation claims – in your case.

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Another Sign That Companies Aren’t Ready for CCPA Yet: Data Privacy Trends
Another Sign That Companies Aren’t Ready for CCPA Yet: Data Privacy Trends 291 326 Doug Austin

As we’ve reported several times (including just last week), the California Consumer Privacy Act (CCPA) is scheduled to go into effect on January 1 next year. That’s only 42 days from now! Here’s another sign that companies still aren’t ready for it yet.

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Today’s Webcast Will Discuss the DOS and DON’TS of 30(b)(6) Witness Depositions: eDiscovery Webcasts
Today’s Webcast Will Discuss the DOS and DON’TS of 30(b)(6) Witness Depositions: eDiscovery Webcasts 461 263 Doug Austin

As we learned in Tom O’Connor’s recent six part blog series, Rule 30(b)(6) permits a party to notice or subpoena the deposition of an organization which then must then designate one or more individuals who consent to testify on its behalf about information “known or reasonably available to the organization.” But, how should it be conducted to maximize the discovery obtained, what are some strategies to consider to help ensure a successful deposition and what are some common mistakes to avoid? And, what are some eDiscovery related topics about which a 30(b)(6) witness should be prepared to testify? Today’s webcast that will answer those questions – and more!

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Court Denies Motion to Redact Portions of eDiscovery Teleconference: eDiscovery Case Law
Court Denies Motion to Redact Portions of eDiscovery Teleconference: eDiscovery Case Law 479 270 Doug Austin

In Pacific Biosciences of California, Inc. v. Oxford Nanopore Tech., Inc. et al., Delaware Magistrate Judge Jennifer L. Hall denied the defendants’ Motion to Redact Portions of the August 14, 2019 Discovery Teleconference and the related submissions, stating: “The public has an interest in understanding judicial proceedings, even if they have a limited interest in documents submitted in connection with discovery dispute proceedings.”

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Microsoft Supports CCPA, But Wants It To Be Even Stronger: Data Privacy Trends
Microsoft Supports CCPA, But Wants It To Be Even Stronger: Data Privacy Trends 291 326 Doug Austin

We’re getting closer and closer to the deadline for the California Consumer Privacy Act (CCPA), which is scheduled to go into effect on January 1 next year, even though there is still a lot to be determined with regard how companies must comply. At least one major corporation supports the new law. But, that company also wants to see it strengthened.

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When Litigation Hits, The First 7 to 10 Days is Critical: eDiscovery Throwback Thursdays
When Litigation Hits, The First 7 to 10 Days is Critical: eDiscovery Throwback Thursdays 336 280 Doug Austin

When a case is filed (or even before, if litigation is anticipated then), several activities must be completed within a short period of time (often as soon as the first seven to ten days after filing) to enable you to assess the scope of the case, where the key electronically stored information (ESI) is located and whether to proceed with the case or attempt to settle with opposing counsel. Here are several of the key early activities that can assist in deciding whether to litigate or settle the case.

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The Password Reuse Problem Has Still Not Gone Away: Cybersecurity Trends
The Password Reuse Problem Has Still Not Gone Away: Cybersecurity Trends 341 341 Doug Austin

This isn’t a throwback post – that comes tomorrow. But, it’s worth noting that we covered a story over two years ago where the guy who recommended we change our passwords periodically and require passwords that combine upper case letters, lower case letters, numbers and special characters admitted that was bad advice. But, people – and systems – still seem to support the old ways. That’s so 2003!

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You May Soon Be Told to “Go Jump in a Lake” for Your ESI: eDiscovery Trends
You May Soon Be Told to “Go Jump in a Lake” for Your ESI: eDiscovery Trends 335 269 Doug Austin

A data lake, that is. So, what is it and why should you care? Let’s take a look.

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Court Agrees that Emails Including Counsel Aren’t Privileged Because They Don’t Offer Legal Advice: eDiscovery Case Law
Court Agrees that Emails Including Counsel Aren’t Privileged Because They Don’t Offer Legal Advice: eDiscovery Case Law 479 270 Doug Austin

In Guardiola v. Adams Cty. School District No. 14 et al., Colorado District Court Judge Raymond P. Moore overruled the defendants’ objection to the magistrate judge’s order compelling them to disclose three e-mails that they contended were subject to the attorney-client privilege, ruling that “[t]he disputed e-mails do not directly request or offer legal advice.”

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Court Grants Motion to Compel in Elizabeth Holmes Theranos Criminal Case: eDiscovery Case Law
Court Grants Motion to Compel in Elizabeth Holmes Theranos Criminal Case: eDiscovery Case Law 479 270 Doug Austin

In United States v. Holmes, et al, California District Court Judge Edward J. Davila granted the defendants’ motion to compel federal prosecutors to produce material responsive to six requests from the Food and Drug Administration (FDA) and the Centers for Medicare and Medicaid Services (CMS), disagreeing with the prosecution’s contention that it could not be compelled to produce documents from under Rule 16 because it lacked access to them.

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