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.
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

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

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

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

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

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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Pennsylvania Supreme Court Rules that Forcing Provision of Computer Password Violates the Fifth Amendment: eDiscovery Case Law
Pennsylvania Supreme Court Rules that Forcing Provision of Computer Password Violates the Fifth Amendment: eDiscovery Case Law 479 270 Doug Austin

In Commonwealth v. Davis, the Supreme Court of Pennsylvania, in a 4-3 ruling, overturned a lower-court order that required a criminal suspect to turn over a 64-character password to his computer, concluding that “compelling the disclosure of a password to a computer, that is, the act of production, is testimonial” and rejecting the Commonwealth’s argument that provision of the password was a foregone conclusion, finding that “the prohibition of application of the foregone conclusion rationale to areas of compulsion of one’s mental processes would be entirely consistent with” US Supreme Court decisions.

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It’s Time for Your Annual “Mashup” of eDiscovery Market Estimates!: eDiscovery Trends
It’s Time for Your Annual “Mashup” of eDiscovery Market Estimates!: eDiscovery Trends 518 359 Doug Austin

The appearance of the mashed potato graphic can only mean one thing. Nope, not that it’s Thanksgiving week (though, many of us will enjoy our mashed potatoes this Thursday). It means that it’s time for the eDiscovery Market Size Mashup that Rob Robinson compiles and presents on his Complex Discovery site each year.

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Here’s a Webcast to Learn about Important eDiscovery Developments for 2019: eDiscovery Webcasts
Here’s a Webcast to Learn about Important eDiscovery Developments for 2019: eDiscovery Webcasts 590 392 Doug Austin

I know it seems like we just conducted a webcast (we did, three days ago), but we already have another one coming up! 2019 was another busy year from an eDiscovery, cybersecurity and data privacy standpoint. What do you need to know about those important 2019 events? Here’s a webcast that will discuss what you need to know about important 2019 events and how they impact your eDiscovery efforts.

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Exceptions are the Rule: eDiscovery Throwback Thursdays
Exceptions are the Rule: eDiscovery Throwback Thursdays 600 420 Doug Austin

Virtually every collection of electronically stored information (ESI) has at least some files that cannot be effectively searched. Corrupt files, password protected files and other types of exception files are pretty much constant components of your ESI collection and it can become very expensive to make these files searchable or reviewable. Being without an effective plan for addressing these files could lead to problems – even spoliation claims – in your case.

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Another Sign That Companies Aren’t Ready for CCPA Yet: Data Privacy Trends
Another Sign That Companies Aren’t Ready for CCPA Yet: Data Privacy Trends 291 326 Doug Austin

As we’ve reported several times (including just last week), the California Consumer Privacy Act (CCPA) is scheduled to go into effect on January 1 next year. That’s only 42 days from now! Here’s another sign that companies still aren’t ready for it yet.

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