Our Insights on eDiscovery

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Why Is TAR Like a Bag of M&M’s?: eDiscovery Best Practices
 Why Is TAR Like a Bag of M&M’s?: eDiscovery Best Practices 432 322 CloudNine

Over the past year I have asked this question several different ways in blogs and webinars about technology assisted review (TAR). Why is TAR like ice cream? Think Baskin Robbins? Why is TAR like golf? Think an almost incomprehensible set of rules and explanations. Why is TAR like baseball, basketball or football? Think never ending arguments about the best team ever. And now my latest analogy. Why is TAR like a bag of M&M’s?

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Brad Jenkins of CloudNine: eDiscovery Trends 2018
 Brad Jenkins of CloudNine: eDiscovery Trends 2018 373 393 CloudNine

Today’s thought leader is Brad Jenkins. Brad is CEO of CloudNine™. Brad has over 20 years of experience as an entrepreneur, as well as 18 years leading customer focused companies in the litigation technology arena. Brad consults clients on implementing best practices in litigation document management and the impact of technology on managing discovery. Brad is very involved in eDiscovery educational efforts and currently serves as the President of the Houston ACEDS Chapter. He’s also my boss! :o)

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Defendant Sanctioned for “Deliberately” Altering a Skype Communication: eDiscovery Case Law
 Defendant Sanctioned for “Deliberately” Altering a Skype Communication: eDiscovery Case Law 479 270 CloudNine

In GoPro, Inc. v. 360Heros, Inc., California District Judge Susan Illston denied the plaintiff’s motion for summary judgment and denied the defendant’s motion in limine to exclude the testimony of the plaintiff’s forensic analysis expert, but granted (in part) the plaintiff’s motion for partial terminating sanctions against the defendant for forging evidence in two Skype conversations, opting for an adverse inference instruction sanction and reimbursement of expenses related to forensic analysis and testimony instead of the terminating sanctions sought.

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Law Enforcement Has Found a New Way to Put a Finger on iPhone Evidence: eDiscovery Trends
 Law Enforcement Has Found a New Way to Put a Finger on iPhone Evidence: eDiscovery Trends 282 393 CloudNine

A dead finger, that is. Believe it or not, cops are now opening iPhones with dead people’s fingerprints.

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Maura R. Grossman of the University of Waterloo: eDiscovery Trends 2018
 Maura R. Grossman of the University of Waterloo: eDiscovery Trends 2018 288 390 CloudNine

Today’s thought leader is Maura R. Grossman. Maura is a Research Professor in the David R. Cheriton School of Computer Science at the University of Waterloo and principal of Maura Grossman Law. Previously, she was Of Counsel at Wachtell, Lipton, Rosen & Katz, where she pioneered the use of technology-assisted review (TAR) for electronic discovery. Maura’s research with Gordon V. Cormack has been cited in cases of first impression in the United States, Ireland, and (by reference) in the United Kingdom and Australia, approving the use of TAR in civil litigation. Maura has served as a special master in the Southern District of New York and the Northern District of Illinois to assist with issues involving search methodology. In 2015 and 2016, Maura served as a coordinator of the Total Recall Track at the National Institute of Standards and Technology’s Text Retrieval Conference (TREC); in 2010 and 2011, she served as a coordinator of the TREC Legal Track. Maura is also an Adjunct Professor at Osgoode Hall Law School at York University and at the Georgetown University Law Center. Previously, she taught at Columbia Law School, Rutgers Law School—Newark, and Pace Law School.

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Jason R. Baron of Drinker Biddle & Reath LLP: eDiscovery Trends 2018
 Jason R. Baron of Drinker Biddle & Reath LLP: eDiscovery Trends 2018 258 396 CloudNine

Today’s thought leader is Jason R. Baron. Jason is a member of Drinker Biddle & Reath LLP’s Information Governance and eDiscovery practice and co-chair of the Information Governance Initiative. An internationally recognized speaker and author on the preservation of electronic documents, Jason previously served as the first Director of Litigation for the U.S. National Archives and Records Administration, and as trial lawyer and senior counsel at the Department of Justice. He also was a founding co-coordinator of the National Institute of Standards and Technology TREC Legal Track, a multi-year international information retrieval project devoted to evaluating search issues in a legal context. He served as lead editor of the recently published ABA book, Perspectives on Predictive Coding and Other Advanced Search Methods for the Legal Practitioner.

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Training Snapshot: Saved Searches from CloudNine
 Training Snapshot: Saved Searches from CloudNine 150 150 CloudNine

A snapshot demonstration of saved searches from within the CloudNine eDiscovery Platform to automatically save the searches that you have performed, saving time in retrieving those documents later.

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Today is the Day for the University of Florida E-Discovery Conference!: eDiscovery Best Practices
 Today is the Day for the University of Florida E-Discovery Conference!: eDiscovery Best Practices 183 185 CloudNine

The University of Florida E-Discovery Conference is being held today! And, for the first time, I’m going to be there! Regardless of where you are, it’s not too late to attend!

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Kelly Twigger of ESI Attorneys: eDiscovery Trends 2018
 Kelly Twigger of ESI Attorneys: eDiscovery Trends 2018 373 393 CloudNine

Today’s thought leader is Kelly Twigger. Kelly is a Discovery Strategist and the Principal of ESI Attorneys, one of the first law firms in the country dedicated to advising clients on the risks and challenges in ESI, including eDiscovery. ESI Attorneys works differently than a traditional law firm – they partner with businesses, law firms and municipalities that do not have discovery counsel knowledgeable to both advise on planning and preparing for eDiscovery and act as discovery counsel across litigation matters to achieve consistency and predictability. Kelly also has a passion for ensuring that lawyers and legal professionals have the tools they need to understand and leverage the power of ESI in discovery, and has developed a SaaS based platform to provide the ability for lawyers to get up to speed and stay there with eDiscovery Assistant. eDiscovery Assistant is a web based curated eDiscovery research tool and learning center that allows users to conduct eDiscovery specific case law research, use curated discovery rules, forms and checklists together with a Learning Center that rethinks the delivery of legal education. CloudNine uses eDiscovery Assistant to identify and provide case law on this blog. In 2014, the Wisconsin State Bar recognized Kelly as a Legal Innovator for her development of eDiscovery Assistant. Kelly is a regular speaker at national and local events, blogger and the eDiscovery columnist for Above the Law.

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CloudNine Acquires eDiscovery Product Lines from LexisNexis: eDiscovery Breaking News
 CloudNine Acquires eDiscovery Product Lines from LexisNexis: eDiscovery Breaking News 302 132 CloudNine

OK, it’s not exactly “breaking” news since we announced it yesterday, but it’s still exciting! If you didn’t see our press release, let me “break” the news now: CloudNine has acquired the LexisNexis eDiscovery product suite, which includes LAW PreDiscovery, Early Discovery Analyzer (EDA) and Concordance!

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