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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The Files are Already Electronic, How Hard Can They Be to Load?: eDiscovery Throwback Thursdays
 The Files are Already Electronic, How Hard Can They Be to Load?: eDiscovery Throwback Thursdays 258 323 Doug Austin
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Since hard copy discovery became electronic discovery, I’ve worked with a number of clients who expect that working with electronic files in a review tool is simply a matter of loading the files and getting started. Unfortunately, it’s not that simple! Let’s discuss some examples as to why.

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Why Process in eDiscovery? Isn’t it “Review Ready”?: eDiscovery Best Practices
 Why Process in eDiscovery? Isn’t it “Review Ready”?: eDiscovery Best Practices 346 351 Doug Austin
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As I’ll point out in tomorrow’s blog post (spoiler alert!), I’ve been asked a variation of this question for years. But, perhaps the best answer to this question lies in Craig Ball’s new primer – Processing in E-Discovery.

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Time for Another Murder (Possibly) Witnessed by Alexa: eDiscovery Trends
 Time for Another Murder (Possibly) Witnessed by Alexa: eDiscovery Trends 172 446 Doug Austin
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It’s been a while since we covered a good murder case with Internet of Things (IoT) implications. Here’s a new case in Florida where police have submitted a search warrant to Amazon for recordings from an Echo device in a household where a man was charged with killing his partner with a spear(!).

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Court Denies Motion to Bar Plaintiff From Making Adverse Comments Regarding Defendant’s Failure to Produce Key File: eDiscovery Case Law
 Court Denies Motion to Bar Plaintiff From Making Adverse Comments Regarding Defendant’s Failure to Produce Key File: eDiscovery Case Law 479 270 Doug Austin
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In Saulsberry v. Savannah River Remediation, LLC, South Carolina District Court Judge J. Michelle Childs denied without prejudice the defendant’s Motion in Limine to Bar Plaintiff from Making Adverse Comments Regarding Defendant’s Failure to Produce Certain Records, finding that defendant “has not demonstrated that the contents of the missing Lash Investigative File would necessarily replicate, but not add to, the information provided in the record.”

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Here’s a Webcast That Will Discuss the DO’S and DON’TS of 30(b)(6) Witness Depositions: eDiscovery Webcasts
 Here’s a Webcast That Will Discuss the DO’S and DON’TS of 30(b)(6) Witness Depositions: eDiscovery Webcasts 343 259 Doug Austin
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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? Here’s a webcast that will answer those questions – and more!

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No Joke, It’s Ten Years of eDiscovery Horrors!
 No Joke, It’s Ten Years of eDiscovery Horrors! 600 392 Doug Austin
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Today is Halloween! This is our tenth(!) year to identify stories to try to “scare” you with tales of eDiscovery, data privacy and cybersecurity horrors because we are, after all, an eDiscovery blog. Let’s see how we do this year. Is it just me, or is it getting crazier out there?

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Court Denies Petitioners’ Motion to Quash, But Also Finds Subpoena Is Not Within Scope of Discovery: eDiscovery Case Law
 Court Denies Petitioners’ Motion to Quash, But Also Finds Subpoena Is Not Within Scope of Discovery: eDiscovery Case Law 479 270 Doug Austin
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In the case In re Verizon Wireless, Maryland Magistrate Judge Charles B. Day denied the petitioners’ Motions to Quash the respondents’ subpoena, finding that the petitioners did not have sufficient standing to have the subpoena quashed for phone numbers owned by Prince George’s County. However, Judge Day also found that the subpoena was overbroad and was not within the scope of discovery and, as a result, granted the petitioners’ Motions for Protective Orders.

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McDonalds May Soon Know Whether “You Want Fries with That” Before You Even Get There: Data Privacy Trends
 McDonalds May Soon Know Whether “You Want Fries with That” Before You Even Get There: Data Privacy Trends 508 344 Doug Austin
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In this day and age of using customer data and artificial intelligence (AI) to predict customer needs, is anybody really surprised by this headline? Whether you are or not, the fast-food chain is turning to AI and machine learning in the hopes of predicting what customers want before they decide.

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According to the ABA, Lawyers are “Failing at Cybersecurity”: Cybersecurity Trends
 According to the ABA, Lawyers are “Failing at Cybersecurity”: Cybersecurity Trends 275 247 Doug Austin
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In these days of increased data privacy emphasis with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), how are lawyers doing with regard to cybersecurity within their firms? According to the American Bar Association Legal Technology Resource Center’s ABA TechReport 2019, they are “failing at cybersecurity”.

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Wal-Mart is Allowed to Clawback Inadvertent Disclosures, But Still Sanctioned Over What They Revealed: eDiscovery Case Law
 Wal-Mart is Allowed to Clawback Inadvertent Disclosures, But Still Sanctioned Over What They Revealed: eDiscovery Case Law 479 270 Doug Austin
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In Bellamy v. Wal-Mart Stores, Texas, LLC, in a case that was discussed earlier this week at Relativity Fest, Texas District Judge Xavier Rodriguez ruled that the defendant was entitled to “claw back” the documents it inadvertently produced in the case, but still considered those documents in analyzing the plaintiff’s motion for sanctions and granted that motion to the extent that he ruled that the defendant could not assert any comparative negligence defense in this case, including arguing that the danger (of a pallet being left unattended in the store) was open and obvious.

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