Independence Day is Saturday! Declare Your eDiscovery Independence!: eDiscovery Best Practices

By : Doug Austin

As we approach our country’s independence day on Saturday, we thought we would take a look at how that relates to electronic discovery and ask this question: Do you feel like you’re frequently dependent on others to accomplish the tasks you need to complete within your discovery process? If so, here’s some ways you can declare your eDiscovery independence!

Here’s One Study That Shows Potential Savings from Technology Assisted Review: eDiscovery Trends

By : Doug Austin

A couple of weeks ago, we discussed the Discovery of Electronically Stored Information (DESI) workshop and the papers describing research or practice presented at the workshop that was held earlier this month. Today, let’s cover one of those papers.

Expanded Sources of ESI Show That Crime Doesn’t Pay: eDiscovery Trends

By : Doug Austin

I love the TV show Forensic Files – it amazes me how many different ways that law enforcement entities have to identify, catch and convict criminals. With that in mind, here are a couple of stories that show how expanded sources of ESI can be used as evidence in criminal cases.

Time for Another “Mashup” of eDiscovery Market Estimates: eDiscovery Trends

By : Doug Austin

Rob Robinson’s Complex Discovery site is an excellent resource for discovery and general legal technology articles which we’ve profiled several times before. In the past two years, we have covered his compilations of various eDiscovery market estimates for 2012 to 2017 and for 2013 to 2018. Now, he has released his worldwide eDiscovery software overview for 2014 to 2019.

Colorado Rolls Out Guidelines and Checklist for Discovery of ESI: eDiscovery Trends

By : Doug Austin

From time to time, we’ve covered not only Federal eDiscovery rules, but also eDiscovery rules within the states as well. One of the states that has been slow to undertake any eDiscovery rulemaking activity is Colorado. However, on June 4, the U.S. District Court for the District of Colorado did publish new Guidelines Addressing the Discovery of Electronically Stored Information as well as a Checklist for Rule 26(f) Meet-and-Confer Regarding Electronically Stored Information (ESI).

You Almost Can’t Have a Divorce without Smartphone Evidence These Days: eDiscovery Trends

By : Doug Austin

If you think the NSA is tough, hell hath no fury like a suspicious spouse scorned.

DESI Got Your Input, and Here It Is: eDiscovery Trends

By : Doug Austin

Back in January, we discussed the Discovery of Electronically Stored Information (DESI, not to be confused with Desi Arnaz, pictured above) workshop and its call for papers describing research or practice for the DESI VI workshop that was held last week at the University of San Diego as part of the 15th International Conference on Artificial Intelligence & Law (ICAIL 2015). Now, links to those papers are available on their web site.

Here’s a New Job Title that May Catch On – Chief Data Scientist: eDiscovery Trends

By : Doug Austin

With big data becoming bigger than ever, the ability for organizations to apply effective data analytics within information governance and electronic discovery disciplines has become more important than ever. With that in mind, one law firm has created a new role that might catch on with other firms and corporations – the role of Chief Data Scientist.

Gartner Report Estimates eDiscovery Software Market was $1.8 Billion in 2014: eDiscovery Trends

By : Doug Austin

The eDiscovery marketplace grew in 2014 with total software revenue reaching $1.8 billion worldwide, according to Gartner’s annual Magic Quadrant for E-Discovery Software report, released last week.

Norton Rose Fulbright’s Latest Survey Shows Majority of Companies use TAR, Collect from Mobile Devices: eDiscovery Trends

By : Doug Austin

According to Norton Rose Fulbright’s Litigation Trends Annual Survey for 2015 released last week, companies in the United States continue to deal with, and spend more on litigation. From an eDiscovery standpoint, the survey showed that more than half of respondents preserve and collect data from employee mobile devices and use technology assisted review, and a clear majority of respondents still rely on self-preservation to fulfill preservation obligations for at least some cases.

Are You as “E-Savvy” as You Need to Be in Your “E-Disclosure” Process?: eDiscovery Best Practices

By : Doug Austin

Craig Ball’s Ball in Your Court blog is always an excellent read, even when he writes it “across the pond” over in London. His latest post discusses how “fighting the last war” will eventually cost you when you come across an “e-savvy” opponent.

Cyber Liability Insurance Policies are Becoming More Popular for Law Firms: eDiscovery Trends

By : Doug Austin

Last Friday, we discussed a report in The New York Times that discussed the unwillingness of most big US law firms to discuss or even acknowledge data breaches. But, despite the unwillingness to disclose breach information, more and more law firms are apparently purchasing or considering the purchase of cyber liability insurance to protect against potential data breaches.

Has the Law Firm Holding Your Data Ever Suffered a Breach? You May Never Know.: eDiscovery Trends

By : Doug Austin

In February, we discussed a report about data breach trends in 2014 and how those trends compared to data breaches in 2013. That report provided breach trends for several industries, including the healthcare industry, which suffered the most breaches last year (possibly because stolen health records are apparently worth big money). But, according to a recent report, you won’t see any trends for law firms because the legal profession almost never publicly discloses a breach.

Ten Years Later, The Impact of the Zubulake Case is Still Huge: eDiscovery History

By : Doug Austin

It’s hard to believe, but ten years ago this past Monday, the verdict was rendered in the Zubulake v. UBS Warburg LLC case. Let’s take a look back at the case and see what Laura Zubulake is doing today.

Managing Email Signature Logos During Review: eDiscovery Best Practices

By : Doug Austin

Yesterday, we discussed how corporate logo graphic files in email signatures can add complexity when managing those emails in eDiscovery, as these logos, repeated over and over again, can add up to a significant percentage of your collection on a file count basis. Today, we are going to discuss a couple of ways that I have worked with clients to manage those files during the review process.

Email Signature Logos are a Sign That Discovery Will be More Complicated: eDiscovery Best Practices

By : Doug Austin

Many, if not most of us, use some sort of graphic in our email signature at work that represents our corporate logo and many organizations have created a standard email signature for their employees to use when corresponding with others. It’s another subtle way of promoting brand recognition. But, those logos can add complexity when managing those emails in eDiscovery.

Document Reviewers are People Too, Even in Canada, eh?: eDiscovery Trends

By : Doug Austin

A couple of weeks ago, a $384 million class action was filed in Canada against professional services firm Deloitte LLP on behalf of hundreds of lawyers working at a document-review company it acquired last year. Even in Canadian dollars, that’s a lot.

Who is Investing in eDiscovery Companies?: eDiscovery Trends

By : Doug Austin

As we have reported in the past, the eDiscovery industry is still growing at an impressive rate. One recent market report estimated that the global eDiscovery market is forecast to reach $15.65 billion by 2020. So, who is investing in the eDiscovery industry?

eDiscovery Daily Is Fifty Four! (Months Old, That Is)

By : Doug Austin

Let’s party! Fifty four months ago today, eDiscovery Daily was launched. 1,129 posts later, a lot has happened in the industry that we’ve covered. Twice a year, we like to take a look back at some of the important stories and topics during that time. So, here are just a few of the posts over the last six months you may have missed. Enjoy!

When Blogging Interferes with Your Day Job, Which Do You Pick?: eDiscovery Best Practices

By : Doug Austin

Though I write a daily blog, believe it or not, I do have a “day job”. I’m Vice President of Professional Services at CloudNine, and I also coordinate our marketing and software rollouts. Sometimes, I’m able to write my blog post during the work day; other times, I have to wait until the evening to do so, possibly as late as 8 or 9 PM, depending on my workload for that day. When blogging interferes with your “day job”, it can be difficult to do both.



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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