Failure to Extend Preservation Hold to Headquarters Does Not Lead To Adverse Inference Sanction: eDiscovery Case Law

By: Doug Austin

In Botey v. Green, et. al., Pennsylvania District Judge Robert D. Mariani denied the plaintiff’s request for an adverse inference sanction for the defendants’ failure to preserve trucking logs related to an accident between the plaintiff and a truck driver working for the defendant’s company, but did agree not to allow the defendants to prove the contents of the destroyed documents by other means or argue their contents in dispositive motions or at trial.

Nearly Two Thirds of Confirmed Data Breaches Were Related to Password Issues: eDiscovery Trends

By: Doug Austin

You’ve got to love a report that starts with the Yogi Berra quote “It’s like déjà vu, all over again.” Sadly, when it comes to data breaches, it seems like that statement – however redundant – is more true than ever.

The Benefits of Blogging: eDiscovery Trends

By: Doug Austin

One of the highlights of the week for me last week at the ACEDS conference was the Law Student Blogger/Social Invitational pre-conference seminar where I was one of the speakers. It was a great opportunity to share stories with some of my fellow bloggers in the industry whom I respect and admire.

Citing Proportionality Concerns, Court Grants Plaintiff’s Motion for Protective Order: eDiscovery Case Law

By: Doug Austin

In Noble Roman’s, Inc. v. Hattenhauer Distrib. Co., Indiana Magistrate Judge Debra McVicker Lynch, citing proportionality concerns, granted the plaintiff’s motion for a protective order and ordered that the defendant was prohibited from obtaining the discovery sought by the defendant’s subpoenas from a major shareholder of the plaintiff.



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About the Bloggers

Brad Jenkins

Brad Jenkins, President and CEO of CloudNine Discovery, has over 20 years of experience leading customer focused companies in the litigation support arena. Brad has authored many articles on litigation support issues, and has spoken before national audiences on document management practices and solutions.

Doug Austin

Doug Austin, Professional Services Manager for CloudNine Discovery, has over 20 years experience providing legal technology consulting and technical project management services to numerous commercial and government clients. Doug has also authored several articles on eDiscovery best practices.

Jane Gennarelli

Jane Gennarelli is a principal of Magellan’s Law Corporation and has been assisting litigators in effectively handling discovery materials for over 30 years. She authored the company’s Best Practices in a Box™ content product and assists firms in applying technology to document handling tasks. She is a known expert and often does webinars and presentations for litigation support professionals around the country. Jane can be reached by email at