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.
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Court Denies Plaintiff’s Request to Hold Non-Party in Contempt for Failing to Produce Native Files: eDiscovery Case Law
 Court Denies Plaintiff’s Request to Hold Non-Party in Contempt for Failing to Produce Native Files: eDiscovery Case Law 479 270 Doug Austin
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In Smith v. TFI Family Services, Inc., Kansas Magistrate Judge Gwynne E. Birzer denied the Plaintiff’s Motion for Order Against Defendant State of Kansas Department for Children and Families to Show Good Cause Why it Should not be Held in Contempt and Motion for Sanctions for failing to produce ESI in native format with associated metadata. Judge Birzer found that “Plaintiff cannot point to a ‘specific and definite’ section of the Court’s June 8, 2018 Order requiring specific types of ESI be produced or requiring records be produced in native format with associated metadata” and also that “Plaintiff has not made a particularized showing” why re-production of the PDF documents in native format with associated metadata “is relevant to the case at hand”.

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M&M Are Looking to Update Their eDiscovery Rules: eDiscovery Trends
 M&M Are Looking to Update Their eDiscovery Rules: eDiscovery Trends 432 322 Doug Austin
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And, by “M&M”, I mean Missouri and Michigan. ;o) Here is some important information regarding the impending eDiscovery rules changes in these two states.

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Goodbye Columbus, Hello Relativity Fest!: eDiscovery Trends
 Goodbye Columbus, Hello Relativity Fest!: eDiscovery Trends 463 449 Doug Austin
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Today may be Columbus Day, but it’s also six days until the 2019 Relativity Fest conference! In case you didn’t already know, Relativity Fest is an annual conference designed to educate and connect the eDiscovery community and features panel discussions, hands-on labs, breakout sessions, and insights from Relativity staff, Relativity users, and industry leaders. It’s a big show with over 2,000 attendees and a lot going on.

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Cell Phone Geolocation Evidence May Be Off the Mark (At Least in Denmark): eDiscovery Trends
 Cell Phone Geolocation Evidence May Be Off the Mark (At Least in Denmark): eDiscovery Trends 314 450 Doug Austin
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If you watch Dateline, 20/20, 48 Hours or any other news program that covers notable crime stories, one trend has become more and more common – the use of cell phone/mobile device geolocation data to put alleged criminals at the scene of the crime (or at least very close to it). We consider these devices – and the geolocation data obtained from them – to be highly accurate and important evidence in obtaining convictions for guilty parties or exonerating innocent ones. Maybe we shouldn’t.

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Does Anybody Really Know What Time It Is?: eDiscovery Throwback Thursdays
 Does Anybody Really Know What Time It Is?: eDiscovery Throwback Thursdays 326 327 Doug Austin
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Does anybody really know what time it is? Does anybody really care? OK, it’s an old song by Chicago (back then, they were known as the Chicago Transit Authority). But, the question of what time it really is has a significant effect on how eDiscovery is handled.

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ACEDS Announces its New Leadership: eDiscovery Trends
 ACEDS Announces its New Leadership: eDiscovery Trends 300 300 Doug Austin
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Ever since the BARBRI Group announced back in July that Association of Certified E-Discovery Specialists (ACEDS) Executive Director Mary Mack and Vice President Client Engagement Kaylee Walstad were departing from their roles at the end of October, a lot of people in the eDiscovery community have been waiting to see who would take over leadership of ACEDS. We now have our answer.

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Court Denies Plaintiff’s Request to Avoid Forensic Imaging of Devices in Apple Performance Case: eDiscovery Case Law
 Court Denies Plaintiff’s Request to Avoid Forensic Imaging of Devices in Apple Performance Case: eDiscovery Case Law 479 270 Doug Austin
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In the case In Re: Apple Inc., California District Judge Edward J. Davila denied the plaintiffs’ motion to modify the Special Discovery Master order that authorized the forensic imaging of devices belonging to 10 of the more than 90 named plaintiffs in order to allow Apple’s outside experts to performance test the devices, finding that “Apple’s interest in performance testing the forensic images outweighs Plaintiff’s privacy interest because Plaintiffs put the performance of the devices at the center of the lawsuit”.

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If You’re Going to Store Cookies, EU Court Says You Need the Users’ Active Consent: Data Privacy Trends
 If You’re Going to Store Cookies, EU Court Says You Need the Users’ Active Consent: Data Privacy Trends 569 372 Doug Austin
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After two weeks in Italy, of course my first post back had to be a post about Europe, right? ;o) Regardless, while I was out last week, a notable decision was announced by the Court of Justice of the European Union which might impact a few people (i.e., anyone from the EU who accesses websites).

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DOS and DON’TS of a 30(b)(6) Witness Deposition, Part Six
 DOS and DON’TS of a 30(b)(6) Witness Deposition, Part Six 343 259 Tom O'Connor
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Here are some conclusions regarding the 30(b)(6) deposition process. In addition, here are 39 Rules for 30(b)(6) Depositions as set forth by Magistrate Judge Johnathon Goodman in his 2012 case ruling. Let’s take a look.

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Issuing the Hold is Just the Beginning: eDiscovery Throwback Thursdays
 Issuing the Hold is Just the Beginning: eDiscovery Throwback Thursdays 275 247 Doug Austin
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Last week, we discussed identifying custodians, preparing a written litigation hold, issuing the hold and tracking responses. Today, we’ll discuss interviewing hold notice recipients, follow up on notices, releasing holds when the obligation to preserve is removed and tracking all holds within an organization. Here are the rest of the best practices for implementing a litigation hold.

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