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.
A Different Type of Throwback Post, Along with ACEDS and Legaltech Updates: eDiscovery Best Practices
A Different Type of Throwback Post, Along with ACEDS and Legaltech Updates: eDiscovery Best Practices 336 280 Doug Austin

This isn’t your typical Throwback Thursday post. For starters, it isn’t Thursday, it’s Friday (yay!). And, it’s not so much of a throwback on a topic we’ve covered in the past, but rather a shout-out to a new article from an eDiscovery Daily alum! And, we have an update on an ACEDS Houston event from yesterday and reminders of some CloudNine events coming at Legaltech!

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Plaintiffs’ Failure to “Hurry” Leads to Denial of Motion to Compel: eDiscovery Case Law
Plaintiffs’ Failure to “Hurry” Leads to Denial of Motion to Compel: eDiscovery Case Law 479 270 Doug Austin

In Hurry Family Revocable Trust, et al. v. Frankel, the Florida District Court judge denied the Plaintiffs’ Motion to Compel Production of Documents and Request for Sanctions, ruling the motion to be untimely, given that the extended discovery deadline had passed, and also rejected the plaintiffs’ argument that the defendant had willfully avoided producing certain emails.

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NineForum is Back for Another Year at Legaltech!: eDiscovery Best Practices
NineForum is Back for Another Year at Legaltech!: eDiscovery Best Practices 504 236 Doug Austin

It was such a success last year, we decided to do it again this year! At Legaltech, CloudNine will once again be conducting NineForum – our series of TED-style talk sessions right from our booth! And, we have another terrific group of eDiscovery thought leaders to present on great topics!

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Here’s Another Updated Commentary from The Sedona Conference: eDiscovery Best Practices
Here’s Another Updated Commentary from The Sedona Conference: eDiscovery Best Practices 428 600 Doug Austin

Last Friday, we covered one updated commentary from The Sedona Conference® (TSC) and promised to cover another one this week. Consider our promise kept!

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Here’s Why Whether Apple Provides a Backdoor to iPhones May Not Matter: Data Privacy Trends
Here’s Why Whether Apple Provides a Backdoor to iPhones May Not Matter: Data Privacy Trends 320 322 Doug Austin

Last week, we covered the government’s latest attempt (and Apple’s resistance) to get Apple to assist in unlocking the iPhones of a mass shooter – this time, with regard to password-protected iPhones used by Mohammed Saeed Alshamrani, who is suspected of killing three people last month in a shooting at a Navy base in Pensacola, Florida. Ultimately, however, it may not matter whether Apple helps the government or not.

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The Sedona Conference Has an Updated Commentary on Rule 45 Subpoenas to Non-Parties: eDiscovery Best Practices
The Sedona Conference Has an Updated Commentary on Rule 45 Subpoenas to Non-Parties: eDiscovery Best Practices 428 600 Doug Austin

So many stories, so little time. Been meaning to cover this for a few days now. Last week, The Sedona Conference® (TSC) and its Working Group 1 on Electronic Document Retention & Production (WG1) announced the publication of the Public Comment Version of The Sedona Conference Commentary on Rule 45 Subpoenas to Non-Parties, Second Edition.

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Apple Battling with the Government Again Over Breaking iPhone Encryption of Mass Shooters: Data Privacy Trends
Apple Battling with the Government Again Over Breaking iPhone Encryption of Mass Shooters: Data Privacy Trends 320 322 Doug Austin

Remember back in 2016 when Apple with in a court battle with the Department of Justice over giving investigators access to encrypted data on the iPhone used by one of the San Bernardino shooters? That was back in 2016 and we covered the story on the blog back then – that situation was resolved when the DOJ indicated that the FBI was able to retrieve the data with help from an “unnamed third party”. Now, Apple is in a new dispute with the government again over the same issue.

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Is This the Winter of Our eDiscovery Business Confidence Discontent?: eDiscovery Trends
Is This the Winter of Our eDiscovery Business Confidence Discontent?: eDiscovery Trends 774 431 Doug Austin

It’s that time again!  I’m here to cover the results of the Winter 2020 eDiscovery Business Confidence Survey, published (as always) on Rob Robinson’s terrific Complex Discovery site.  So, how confident are individuals working in the eDiscovery ecosystem in the business of eDiscovery?  Let’s see. As always, Rob provides a complete breakdown of the latest…

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Court Orders Defendants to Produce All ESI in Native Format: eDiscovery Case Law
Court Orders Defendants to Produce All ESI in Native Format: eDiscovery Case Law 479 270 Doug Austin

In Kamuda et al. v. Sterigenics U.S., LLC et al., Circuit Court Judge Christopher E. Lawler ruled that “[u]nder Illinois Supreme Court Rules 201(b)(4) and 214(b), the parties should produce all ESI in the respective native formats”, agreeing that Rule 214 entitles Plaintiffs to their requested ESI format and rejecting the defendants’ offered compromise to produce some of the ESI in native format, but not all.

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Be a Gator for a Day in March and Learn About InfoGov in Houston This Month!: eDiscovery Trends
Be a Gator for a Day in March and Learn About InfoGov in Houston This Month!: eDiscovery Trends 337 334 Doug Austin

A two-topic day for us with a couple of terrific educational opportunities! One free CLE educational program in Houston comes up in just ten days! And, the other happens in Florida and currently has early bird pricing available for a wonderful full day conference in March!

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