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Though it was “Switching Horses in Midstream”, Court Approves Plaintiff’s Predictive Coding Plan – eDiscovery Case Law
 Though it was “Switching Horses in Midstream”, Court Approves Plaintiff’s Predictive Coding Plan – eDiscovery Case Law 150 150 CloudNine

In Bridgestone Americas Inc. v. Int’l Bus. Mach. Corp., Tennessee Magistrate Judge Joe B. Brown, acknowledging that he was “allowing Plaintiff to switch horses in midstream”, nonetheless ruled that that the plaintiff could use predictive coding to search documents for discovery, even though keyword search had already been performed.

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An Insufficient Password Will Leave You Exposed – eDiscovery Best Practices
 An Insufficient Password Will Leave You Exposed – eDiscovery Best Practices 150 150 CloudNine

As a cloud software provider, we at CloudNine Discovery place a premium on the security of our clients’ data. However, no matter how secure a system is, whether it’s local to your office or stored in the “cloud”, an insufficient password that can be easily guessed can allow hackers to get in and steal your data.

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eDiscovery Throwback Thursdays – How Databases Were Built, Circa Early 1980s, Part 3
 eDiscovery Throwback Thursdays – How Databases Were Built, Circa Early 1980s, Part 3 150 150 CloudNine

In the last couple of Throwback Thursday posts we covered the first stages in a database-building project (circa 1980), including designing and planning a database, preparing for a project, establishing an archive, coding and qc, and production status record keeping. The next steps are described here.

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Our 1,000th Post! – eDiscovery Milestones
 Our 1,000th Post! – eDiscovery Milestones 150 150 CloudNine

When we launched nearly four years ago on September 20, 2010, our goal was to be a daily resource for eDiscovery news and analysis. Now, after doing so each business day, I’m happy to announce that today is our 1,000th post on eDiscovery Daily! Check out what we’ve covered over 1,000 posts!

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Court Refuses to Ban Samsung from Selling Products Found to Have Infringed on Apple Products – eDiscovery Case Law
 Court Refuses to Ban Samsung from Selling Products Found to Have Infringed on Apple Products – eDiscovery Case Law 150 150 CloudNine

Apple may have won several battles with Samsung, including ultimately being awarded over $1 billion in verdicts, as well as a $2 million sanction for the inadvertent disclosure of its outside counsel firm (Quinn Emanuel Urquhart & Sullivan LLP) commonly known as “patentgate”. But, Samsung has may have won the war with the court’s refusal to ban Samsung from selling products that were found to have infringed on Apple products.

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Court Sides with Defendant in Dispute over Predictive Coding that Plaintiff Requested – eDiscovery Case Law
 Court Sides with Defendant in Dispute over Predictive Coding that Plaintiff Requested – eDiscovery Case Law 150 150 CloudNine

In the case In re Bridgepoint Educ., Inc., Securities Litigation, California Magistrate Judge Jill L. Burkhardt ruled that expanding the scope of discovery by nine months was unduly burdensome, despite the plaintiff’s request for the defendant to use predictive coding to fulfill its discovery obligation and also approved the defendants’ method of using search terms to identify responsive documents for the already reviewed three individual defendants, directing the parties to meet and confer regarding the additional search terms the plaintiffs requested.

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eDiscovery Blog Throwback Thursdays – How Databases Were Built, Circa Early 1980s, Part 2
 eDiscovery Blog Throwback Thursdays – How Databases Were Built, Circa Early 1980s, Part 2 150 150 CloudNine

The Throwback Thursday blog two weeks ago included discussion of the first stages in a database-building project (circa 1980), including designing and planning a database, and preparing for a project. The next steps are described here.

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When Reviewing and Producing Documents, Don’t Forget the “Mother and Child Reunion” – eDiscovery Best Practices
 When Reviewing and Producing Documents, Don’t Forget the “Mother and Child Reunion” – eDiscovery Best Practices 150 150 CloudNine

I love Paul Simon’s music. One of my favorite songs of his is Mother and Child Reunion. Of course, I’m such an eDiscovery nerd that every time I think of that song, I think of keeping email and attachment families together. If you don’t remember the Mother and Child Reunion, you might provide an incomplete production to opposing counsel.

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Browning Marean: 1942 – 2014
 Browning Marean: 1942 – 2014 150 150 CloudNine

Browning Marean passed away this past Friday (August 22) at the age of 71 from complications after a several months battle with esophageal cancer. As described in several wonderful tributes that I read today, his death was not only a huge loss to the eDiscovery and legal technology community, but to any individuals that had the opportunity to know him and work with him. Here are links to those tributes, I encourage you to take some time out today and get to know him through the eyes of others like I did today.

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Circuit Court Affirms Denial of Sanctions Over Spoliation by Defendant – eDiscovery Case Law
 Circuit Court Affirms Denial of Sanctions Over Spoliation by Defendant – eDiscovery Case Law 150 150 CloudNine

In Automated Solutions Corp. v. Paragon Data Sys., Inc., the Sixth Circuit court affirmed the holdings of the district court, rejecting the plaintiff’s arguments that the district court abused its discretion by denying plaintiff’s motion for spoliation sanctions due to defendant’s failure to preserve information on a hard drive and server. The circuit court also affirmed the ruling by both the magistrate and district judge that the defendant’s back-up tapes were not subject to the duty to preserve.

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