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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Just in Time for the Holidays! Norton Rose Fulbright’s 2019 Litigation Trends Survey: eDiscovery Trends
 Just in Time for the Holidays! Norton Rose Fulbright’s 2019 Litigation Trends Survey: eDiscovery Trends 247 247 Doug Austin
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Hard to believe it’s the fifteenth edition, but here it is: Norton Rose Fulbright’s 2019 Litigation Trends Annual Survey. We’ve covered it a few times over the years, but I don’t remember it ever being released this close to the holidays. Nonetheless, the survey, as always, had some interesting findings. Let’s take a look.

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Away CEO Resigns After “Slack Bullying” Revealed in Report from The Verge: eDiscovery Trends
 Away CEO Resigns After “Slack Bullying” Revealed in Report from The Verge: eDiscovery Trends 303 460 Doug Austin
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“Yes”, you say, “this is an interesting story, but what does it have to do with eDiscovery?” And, why is there a picture of Yogi Berra on this story? Read on and you’ll find out.

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Today’s Webcast Will Help You Learn about Important eDiscovery Developments for 2019: eDiscovery Webcasts
 Today’s Webcast Will Help You Learn about Important eDiscovery Developments for 2019: eDiscovery Webcasts 461 262 Doug Austin
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2019 was another busy year from an eDiscovery, cybersecurity and data privacy standpoint. So, what do you need to know about those important 2019 events? Today’s webcast will discuss what you need to know about important 2019 events and how they impact your eDiscovery, data privacy and cybersecurity efforts.

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This is What WON’T Be On Our 2019 eDiscovery Year in Review Webcast Tomorrow: eDiscovery Trends
 This is What WON’T Be On Our 2019 eDiscovery Year in Review Webcast Tomorrow: eDiscovery Trends 590 392 Doug Austin
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Tomorrow, CloudNine will conduct the webcast 2019 eDiscovery Year in Review. As 2019 has been a busy year, we have a lot of topics planned for tomorrow – everything from key case law decisions to important data privacy trends to whether lawyers are “failing” at cybersecurity and it will be a challenge to get through them all. But, we still couldn’t cover everything – there was simply too much that happened this year to cover it all. So, here are some notable events and trends that happened this year that we won’t have time to discuss tomorrow. Enjoy!

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Court Infers Bad Faith for Plaintiffs Use of Ephemeral Messaging App: eDiscovery Case Law
 Court Infers Bad Faith for Plaintiffs Use of Ephemeral Messaging App: eDiscovery Case Law 479 270 Doug Austin
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In Herzig v. Arkansas Foundation for Medical Care, Inc., Arkansas District Judge P.K. Holmes, III indicated his belief that the use and “necessity of manually configuring [the messaging app] Signal to delete text communications” on the part of the plaintiffs was “intentional and done in bad faith”. However, Judge Holmes declined to consider appropriate sanctions, ruling that “in light of the [defendant’s] motion for summary judgment, Herzig and Martin’s case can and will be dismissed on the merits.”

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eDiscovery Markets Are Growing and Legal Tech Investments Are “Skyrocketing”. So, Who’s Buying?: eDiscovery Trends
 eDiscovery Markets Are Growing and Legal Tech Investments Are “Skyrocketing”. So, Who’s Buying?: eDiscovery Trends 219 284 Doug Austin
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No, I don’t mean who’s buying the drinks. Though the growth of the markets and the growth in legal tech investment is certainly worth celebrating (especially for those who’ve seen their investments pay off). ;o) But what I’m asking is: who’s buying the technology?

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Despite Email from Defendants Instructing to Destroy Evidence, Court Declines Sanctions: eDiscovery Case Law
 Despite Email from Defendants Instructing to Destroy Evidence, Court Declines Sanctions: eDiscovery Case Law 479 270 Doug Austin
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In United States et al. v. Supervalu, Inc. et al., Illinois District Judge Richard H. Mills, despite an email produced by the defendants with instructions to their pharmacies to destroy evidence, denied the relators’ motion for sanctions, stating: “Upon reviewing the record, the Court is unable to conclude that Defendants acted in bad faith. If the evidence at trial shows otherwise and bad faith on the part of the Defendants is established, the Court can revisit the issue and consider one or both of the sanctions requested by the Relators or another appropriate sanction.”

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It’s E-Discovery Day 2019! Check Out Today’s Webcasts and In Person Events!: eDiscovery Best Practices
 It’s E-Discovery Day 2019! Check Out Today’s Webcasts and In Person Events!: eDiscovery Best Practices 403 94 Doug Austin
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It’s time for another E-Discovery Day!  By my count, this is the fifth annual event that includes a combination of webcasts and in-person events to promote discussion and education of eDiscovery (we won’t hold it against them that they want to spell it with that pesky dash).  Here are links to some of the webcasts and in-person events happening today!

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Here’s Something that Canada and South Carolina Have in Common: eDiscovery Trends
 Here’s Something that Canada and South Carolina Have in Common: eDiscovery Trends 746 426 Doug Austin
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They both just recently adopted changes to their rules of professional conduct that include a duty of technology competence.

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Court Denies Criminal Defendant’s Motion to Suppress Evidence Obtained via Warrantless Search: eDiscovery Case Law
 Court Denies Criminal Defendant’s Motion to Suppress Evidence Obtained via Warrantless Search: eDiscovery Case Law 479 270 Doug Austin
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In United States v. Caputo, Oregon District Judge Karin J. Immergut denied the defendant’s motion to suppress emails and evidence derived from a warrantless search of Defendant’s workplace email account, finding “any expectation of privacy in Defendant’s work email was objectively unreasonable under the military’s computer-use policies in effect at his workplace.”

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