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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Another Case Where Intent to Deprive is Put in the Hands of the Jury: eDiscovery Case Law
 Another Case Where Intent to Deprive is Put in the Hands of the Jury: eDiscovery Case Law 479 270 Doug Austin
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In Woods v. Scissons, Arizona Chief District Judge G. Murray Snow granted in part and denied in part the plaintiff’s motion for sanctions for spoliation of video footage of an arrest incident involving the plaintiff and the defendant (a police officer with the Prescott Police Department), ruling that non-party City of Prescott violated a duty to preserve evidence of the alleged incident, but that the question of intent should be submitted to the jury to determine appropriate sanctions.

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Forget CCPA. COPPA Just Cost YouTube and Google $170 Million: Cybersecurity Trends
 Forget CCPA. COPPA Just Cost YouTube and Google $170 Million: Cybersecurity Trends 346 270 Doug Austin
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Sure, we’ve been talking a lot the past couple of years about Europe’s General Data Protection Regulation (GDPR), enacted in May 2018 and we’ve already seen one big fine here and another huge potential fine here. And, we’ve been talking for over a year now about the California Consumer Privacy Act, which is scheduled to take effect next January 1st. But, have we talked about “COPPA”? Not, till now. But, “COPPA” just cost YouTube and Google $170 million.

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Court Grants Spoliation Sanctions for Defendant’s Failure to Preserve Photos of Prisoner Plaintiff: eDiscovery Case Law
 Court Grants Spoliation Sanctions for Defendant’s Failure to Preserve Photos of Prisoner Plaintiff: eDiscovery Case Law 479 270 Doug Austin
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In Wilmoth v. Deputy Austin Murphy, Arkansas District Judge Timothy L. Brooks granted the plaintiff’s Motion for Relief Regarding Spoliation, finding that the “defendant’s conduct in this case was designed to deprive” the plaintiff the use of photographs in litigation that were purported to have shown injuries suffered by the plaintiff associated with his excessive force claim against the deputy defendant.

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What’s in a Name? Potentially, a Lot of Permutations: eDiscovery Throwback Thursdays
 What’s in a Name? Potentially, a Lot of Permutations: eDiscovery Throwback Thursdays 615 356 Doug Austin
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When looking for documents in your collection that mention key individuals, conducting a name search for those individuals isn’t always as straightforward as you might think. There are potentially a number of different ways names could be represented and if you don’t account for each one of them, you might fail to retrieve key responsive documents – OR retrieve way too many non-responsive documents. Here are some considerations for conducting name searches.

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Weekly Trends From a Name and an Organization You Know Well: eDiscovery Trends
 Weekly Trends From a Name and an Organization You Know Well: eDiscovery Trends 877 308 Doug Austin
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I’m shocked – shocked! – that I haven’t covered this before now. What if I told you there is a single place you can go to get a list of weekly trends on eDiscovery – everything from articles to case law to announcements and even upcoming events and webinars? And that it’s available from an organization you probably know well and an author you probably know even better? You’d probably want to check that out, right? Indeed, you should.

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Here’s a Webcast to Learn How to Think Like a Millennial When Addressing eDiscovery Needs: eDiscovery Webcasts
 Here’s a Webcast to Learn How to Think Like a Millennial When Addressing eDiscovery Needs: eDiscovery Webcasts 464 264 Doug Austin
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As we learned in Tom O’Connor’s recent five part blog series, millennials, with their focus on mobile devices and social media sites, may be changing eDiscovery (depending on your point of view).  Regardless, eDiscovery is changing and millennials may be a BIG part of that change.  Here’s a webcast that will help you think like a millennial to address your eDiscovery needs.

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Here’s My Observations of The Good, The Bad and The Ugly (IMHO) of ILTACON 2019: eDiscovery Trends
 Here’s My Observations of The Good, The Bad and The Ugly (IMHO) of ILTACON 2019: eDiscovery Trends 964 204 Doug Austin
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Sure, I might be a little later on this than intended (wanted to cover some other topics earlier this week and also allow some time to organize my thoughts), but we’re still within a week(ish) of the conference wrap up, so here are some of my observations regarding this year’s conference using the theme of the classic spaghetti western The Good, The Bad and the Ugly.

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The Number of Pages (Documents) in Each Gigabyte Can Vary Widely: eDiscovery Throwback Thursdays
 The Number of Pages (Documents) in Each Gigabyte Can Vary Widely: eDiscovery Throwback Thursdays 227 322 Doug Austin
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A long time ago, we talked about how the average number of pages in each gigabyte is approximately 50,000 to 75,000 pages and that each gigabyte effectively culled out can save $18,750 in review costs. But, did you know just how widely the number of pages (or documents) per gigabyte can vary? Let’s take a look.

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Court Denies Dueling Sanctions Motions from Both Plaintiffs and Defendants: eDiscovery Case Law
 Court Denies Dueling Sanctions Motions from Both Plaintiffs and Defendants: eDiscovery Case Law 479 270 Doug Austin
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In Cox v. Swift Transportation Co. of Arizona, LLC, Oklahoma District Judge Jodi F. Jayne denied both the plaintiffs’ and defendants’ motion for sanctions for spoliation of evidence, finding no intent to deprive by either side to justify a sanction of either an adverse inference jury instruction or directed verdict (for the plaintiffs)/dismissal (for the defendants).

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The Houston Legal Technology Showcase and Conference is Less Than a Month Away: eDiscovery Best Practices
 The Houston Legal Technology Showcase and Conference is Less Than a Month Away: eDiscovery Best Practices 1024 299 Doug Austin
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It’s officially a tradition now! The Third Annual Women in eDiscovery (WiE) Houston Chapter, Legal Technology Showcase and Conference will be held on Thursday, September 26th in downtown Houston!

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