Alon Israely, Esq., CISSP of BIA: eDiscovery Trends

By : Doug Austin

Today’s thought leader is Alon Israely. Alon is the Manager of Strategic Partnerships at Business Intelligence Associates, Inc. (BIA) and currently leads the Strategic Partner Program at BIA. Alon has over eighteen years of experience in a variety of advanced computing-related technologies and has consulted with law firms and corporations on a variety of technology issues, including expert witness services related to computer forensics, digital evidence management and data security. Alon is an attorney and a Certified Information Systems Security Professional (CISSP).

Brad Jenkins of CloudNine: eDiscovery Trends

By : Doug Austin

Today’s thought leader is Brad Jenkins of CloudNine™. Brad has over 20 years of experience as an entrepreneur, as well as 15 years leading customer focused companies in the litigation support arena. Brad has authored several articles on document management and litigation support issues, and has appeared as a speaker before national audiences on document management practices and solutions. He’s also my boss!

2014 eDiscovery Case Law Year in Review, Part 4

By : Doug Austin

As we noted yesterday, Wednesday and Tuesday, eDiscoveryDaily published 93 posts related to eDiscovery case decisions and activities over the past year, covering 68 unique cases! Yesterday, we looked back at cases related to privilege and inadvertent disclosures, requests for social media, cases involving technology assisted review and the case of the year – the ubiquitous Apple v. Samsung dispute. Today, let’s take a look back at cases related to sanctions and spoliation.

Want an Automated, Easy and Inexpensive Way to Process Your Data? Read On – eDiscovery Trends

By : Doug Austin

A couple of months ago, we had a laugh at Ralph Losey’s post that took a humorous look at the scenario where it’s Friday at 5 and you need data processed to be reviewed over the weekend. It was a funny take on a real problem that most of us have experienced from time to time. But, there may be a solution to this problem that’s automated, easy and inexpensive.

Be Afraid, Be Very Afraid – eDiscovery Horrors!

By : Doug Austin

Today is Halloween. Every year at this time, because (after all) we’re an eDiscovery blog, we try to “scare” you with tales of eDiscovery horrors. This is our fifth year of doing so, let’s see how we do this year. Be afraid, be very afraid!

How Mature is Your Organization in Handling eDiscovery? – eDiscovery Best Practices

By : Doug Austin

A new self-assessment resource from EDRM helps you answer that question. A few days ago, EDRM announced the release of the EDRM eDiscovery Maturity Self-Assessment Test (eMSAT-1), the “first self-assessment resource to help organizations measure their eDiscovery maturity”. Find out more about it here.

Proximity, Not Absence, Makes the Heart Grow Fonder – Best of eDiscovery Daily

By : Doug Austin

Recently, I assisted a large corporate client where there were several searches conducted across the company’s enterprise-wide document management systems (DMS) for ESI potentially responsive to the litigation. Some of the individual searches on these systems retrieved over 200,000 files by themselves! Here is how we made those searches more precise.

Does Size Matter? – Best of eDiscovery Daily

By : Doug Austin

I frequently get asked how big does an ESI collection need to be to benefit from eDiscovery technology. In a recent case with one of my clients, the client had a fairly small collection – only about 4 GB. But, when a judge ruled that they had to start conducting depositions in a week, they needed to review that data in a weekend. But, if you’re not facing a tight deadline, how large does your collection need to be for the use of eDiscovery technology to provide benefits?

Don’t Get “Wild” with Wildcards – Best of eDiscovery Daily

By : Doug Austin

Several months ago, I provided search strategy assistance to a client that had already agreed upon several searches with opposing counsel. One search related to mining activities, so the attorney decided to use a wildcard of “min*” to retrieve variations like “mine”, “mines” and “mining”. That one search retrieved over 300,000 files with hits. Why? Let's see.

An Insufficient Password Will Leave You Exposed – eDiscovery Best Practices

By : Doug Austin

As a cloud software provider, we at CloudNine Discovery place a premium on the security of our clients’ data. However, no matter how secure a system is, whether it’s local to your office or stored in the “cloud”, an insufficient password that can be easily guessed can allow hackers to get in and steal your data.

Our 1,000th Post! – eDiscovery Milestones

By : Doug Austin

When we launched nearly four years ago on September 20, 2010, our goal was to be a daily resource for eDiscovery news and analysis. Now, after doing so each business day, I’m happy to announce that today is our 1,000th post on eDiscovery Daily! Check out what we've covered over 1,000 posts!

Failure to Preserve Cloud-Based Data Results in Severe Sanction for Defendant – eDiscovery Case Law

By : Doug Austin

In Brown v. Tellermate Holdings, Magistrate Judge Terence Kemp granted plaintiffs’ motion for judgment and motion to strike, ruling that the defendant could not “present or rely upon evidence that it terminated the Browns' employment for performance-related reasons” and enabling the plaintiffs to use documents produced by the defendant “designated as attorneys'-eyes-only” to be used by the plaintiffs “without restriction”, due to the defendant’s failure to preserve or produce data from their Salesforce.com database.

Are eDiscovery Vendor Fees “Unconscionable”? – eDiscovery Best Practices

By : Doug Austin

Could an eDiscovery vendor actually charge nearly $190,000 to process 505 GB and host it for three months? According to a recent post by Craig Ball in his Ball in Your Court blog, the answer is yes – based on a sworn affidavit from an eDiscovery expert leading a national litigation support vendor.

Want My Production? Here’s my Database! – eDiscovery Trends

By : Doug Austin

A couple of weeks ago, we covered a case where the US Government was ordered to continue providing access to an eDiscovery database to a defendant in a criminal case. That case shed light on a growing trend in the industry that I have also observed personally – “producing” documents to opposing counsel by providing access to the documents via a hosted eDiscovery solution.

Surprisingly Few States Have an Ethics Opinion Regarding Lawyer Cloud Usage – eDiscovery Best Practices

By : Doug Austin

The Legal Technology Resource Center (LTRC) of the American Bar Association’s (ABA) web site has a great resource for those who want more information regarding the ethics for lawyers in using and storing client data in the cloud. Though, surprisingly few states have published ethics opinions on the topic.

300,000 Visits on eDiscovery Daily! – eDiscovery Milestones

By : Doug Austin

While we haven’t served over 300 billion burgers like McDonald’s, we have provided something to digest each business day for over 43 months. We’re proud to announce that on Friday, eDiscovery Daily reached the 300,000 visit milestone! It took us a little over 21 months to reach 100,000 visits and just over 22 months to triple that to 300,000! When we reach key milestones, we like to take a look back at some of the recent stories we’ve covered, so, in case you missed them, here are some recent eDiscovery items of interest from the past six weeks.

Cloud Security Fears Diminish With Experience – eDiscovery Trends

By : Doug Austin

One of the more common trends identified by thought leaders in our recently concluded thought leader series was the continued emergence of the cloud as a viable solution to manage corporate big data. One reason for that appears to be greater acceptance of cloud security. Now, there’s a survey that seems to confirm that trend.

Smaller Law Firms Save Big with Cloud-Based eDiscovery – eDiscovery Trends

By : Doug Austin

According to a new article in ABA Journal (Cloud-based e-discovery can mean big savings for smaller firms, written by Joe Dysart), if you are a smaller law firm, it may make more sense to “rent” your eDiscovery applications in the “cloud” rather than bring a full-fledged hardware and software solution in-house.

Jason R. Baron of Drinker Biddle & Reath LLP – eDiscovery Trends

By : Doug Austin

Today’s thought leader is Jason R. Baron. An internationally recognized speaker and author on the preservation of electronic documents, Jason is a member of Drinker Biddle’s Information Governance and eDiscovery practice. Jason previously served as Director of Litigation for the U.S. National Archives and Records Administration (NARA) and as trial lawyer and senior counsel at the Department of Justice. He 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 also founded the international DESI (Discovery of Electronically Stored Information) workshop series, bringing together lawyers and academics to discuss cutting-edge issues in eDiscovery.

Alon Israely, Esq., CISSP of BIA – eDiscovery Trends

By : Doug Austin

Today’s thought leader is Alon Israely. Alon is the Manager of Strategic Partnerships at Business Intelligence Associates, Inc. (BIA) and currently leads the Strategic Partner Program at BIA. Alon has over eighteen years of experience in a variety of advanced computing-related technologies and has consulted with law firms and their clients on a variety of technology issues, including expert witness services related to computer forensics, digital evidence management and data security. Alon is an attorney and a Certified Information Systems Security Professional (CISSP).

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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 jane@litigationbestpractices.com.