Here’s the Site I Mentioned Earlier Today for Testing Wildcard Search Terms: eDiscovery Best Practices
Earlier today in the ACEDS/eDiscovery Assistant #caseoftheweek broadcast, I discussed the case O’Donnell/Salvatori Inc. v. Microsoft Corp. and some great takeaways and lessons learned from that case. But I also discussed a takeaway from one of the cases referenced in this case which included an egregious example of a “wild” wildcard search term, and I discussed a site you can use for testing wildcard search terms. Here is the case and that site.
Don’t Forget the ACEDS Houston Technology Showcase and Trivia Contest this Thursday!: eDiscovery Trends
This Thursday, October 28th, the Houston Chapter of ACEDS will be conducting a FREE virtual Technology Showcase and Trivia Contest from 12:00pm CT to 1:30pm CT. It should be a fun and interactive event showcasing some of the leading eDiscovery technologies in the industry followed by some competitive and fun trivia contests! Here’s what you need to know.
Court Declines to Compel Microsoft to Produce All ESI Retrieved from Search Terms: eDiscovery Case Law
In O’Donnell/Salvatori Inc. v. Microsoft Corp., Washington Magistrate Judge Michelle L. Peterson denied the plaintiff’s motion to compel Microsoft to produce all ESI retrieved from search results, finding that “a party’s agreement to run search terms does not waive its right to review the resulting documents for relevance so long as the review can be done in a reasonably timely manner.”
Wednesday, Learn How to Avoid Getting Stuck with a Lemon with eDiscovery Solution Pricing: eDiscovery Best Practices
Do you have an eDiscovery solution pricing model that fits your needs? Or are you stuck with a “lemon” that can drive up costs significantly over time? Find out what your options are in Wednesday’s webinar that I will be co-presenting with the Avansic team!
Thought Leader Interview Part Three with Dr. Gavin Manes of Avansic: eDiscovery Trends and Best Practices
I recently interviewed Dr. Gavin Manes, CEO of Avansic. We covered so much with regard to eDiscovery trends that we couldn’t fit it all in a single blog post. Part One of my interview was published Monday, part two was published Wednesday, here is part three with Dr. Gavin Manes.
Time Zones Matter in Discovery and Not Just the Timing of eDiscovery Requests: eDiscovery Best Practices
“Mr. Clock” is back! This week’s post for IPRO’s blog discusses the importance of time zones in eDiscovery and why it’s important to pick one when you start discovery for a case.
The Sedona Conference Has Released a Commentary on Cross-Border Privilege Issues: eDiscovery Best Practices
Been meaning to cover this for over a week. The Sedona Conference® (TSC) and its Working Group 6 on International Electronic Information Management, Discovery, and Disclosure (WG6) has announced that The Sedona Conference Commentary on Cross-Border Privilege Issues (“Commentary”) has been published for public comment.
See what I did there? 😉 OK, it might not be so funny to people at Harvard, who experienced a widespread security oversight that left tens of thousands of Harvard’s sensitive and confidential administrative files available for anyone with Harvard credentials to view, edit, download, and share.
Thought Leader Interview Part Two with Dr. Gavin Manes of Avansic: eDiscovery Trends and Best Practices
I recently interviewed Dr. Gavin Manes, CEO of Avansic. We covered so much with regard to eDiscovery trends that we couldn’t fit it all in a single blog post. Part One of my interview was published Monday, here is part two with Dr. Gavin Manes.
Here’s a New Publication of “The Use of Artificial Intelligence in eDiscovery” from EDRM: eDiscovery Best Practices
With the October EDRM case law webinar coming up at 1pm ET today, it seems appropriate to cover another EDRM topic this morning! On Monday, EDRM announced the release of a new artificial intelligence (AI) paper titled “The Use of Artificial Intelligence in eDiscovery.”
If You’re a Financial Institution, Here are 400 Trillion Reasons Why Need to Update Your Contracts: Contract Management Trends
That’s a lot of reasons! But as this article from Compliance discusses, hundreds of millions of financial institution contracts need to be updated because of a change in the interest rate used for lending.
Companies poring over high-stakes investigations and litigation now have immediate access to a powerful new service to assist in identifying and analyzing digital clues from mobile devices through HaystackID’s Mobile Elite Discovery and Analysis Lab (MEDAL)! Tomorrow’s HaystackID webcast will discuss the challenges associated with mobile device discovery and how MEDAL addresses those challenges!
Join Me on the ACEDS #CaseoftheWeek Discussing Production of Encrypted Databases!: eDiscovery Case Law
It’s a three-post day! Again! What am I thinking? 😉 Nonetheless, join me tomorrow in the #CaseOfTheWeek event conducted by ACEDS and eDiscovery Assistant where I’ll be discussing a Court ruling on production of encrypted databases!
Time for another thought leader interview on eDiscovery Today! My latest interview is with a nationally recognized expert in eDiscovery and digital forensics, Dr. Gavin Manes of Avansic!
“Be Afraid” of eDiscovery Mistakes Discussed in Wednesday’s EDRM October 2021 Case Law Webinar!: eDiscovery Webinars
“Be afraid, be very afraid”* of mistakes in discovery! Wednesday’s EDRM October 2021 case law webinar of cases covered by the eDiscovery Today blog discusses six more unique eDiscovery case law disputes!
In U.S. v. Avenatti, New York District Judge Jesse M. Furman, among other rulings, denied without prejudice the defendant’s motion that his WhatsApp communications (with a client he was indicted for a scheme to defraud) should be excluded unless the Government obtains and produces “the original, electronically stored version” of the relevant communications, finding that his arguments about authentication and completeness were “premature”.
This week’s post for IPRO’s blog is my second weekly post in a row promoting an event that relates to trends in eDiscovery and/or information governance! ARMA InfoCon 2021 is next week! And I’m speaking there!
The Average Time to Detect and Contain a Data Breach from January 1 Was Last Week: Cybersecurity Best Practices
As Cybersecurity Awareness Month continues, this recent article from Forensic Discovery notes that your Android mobile device may have already been hacked and you may not even realize it. In fact, it may have been hacked as far back as January 1 and it may have taken until last week – or longer – to detect and contain it.
Congrats to eDiscovery Today Educational Partner Hanzo for their quick implementation of support of Slack Preserve-In-Place for legal hold!
The Fall 2021 eDiscovery Business Confidence Survey May Illustrate a Significant Shift: eDiscovery Trends
It’s time for the Fall 2021 eDiscovery Business Confidence Survey, published (as always) on Rob Robinson’s terrific Complex Discovery site. Where does the confidence of individuals working in the eDiscovery ecosystem stand when compared to previous surveys? Let’s see.
If the Barbra Streisand song lyric “people who need people…are the luckiest people…in the world” is true, then personnel managers at law firms must be very lucky indeed. I’m sure they don’t feel that lucky, given the current eDiscovery and tech personnel crisis that many of them are beginning to face.
Court Grants in Part Plaintiffs’ Request for Sanctions for Lost Mobile Device Data: eDiscovery Case Law
In the case In re Gold King Mine Release in San Juan Cty., Col., on Aug. 5, 2015, New Mexico District Judge William P. Johnson granted in part the plaintiffs’ Motion for Sanctions due to the Federal Parties’ Spoliation of Evidence, granting the request for an order permitting the plaintiffs to introduce evidence of the Federal Parties’ spoliation at trial, denying the request for an order precluding the Federal Parties from putting on evidence regarding unintentional opening of the mine that triggered a natural disaster and deferring ruling on requests for an adverse inference instruction that the spoliated evidence would have been unfavorable to the Federal Parties.
Hat tip to Rob Robinson for sharing this one on LinkedIn! Comparitech has an interactive map of US ransomware attacks from 2018 to the present!
Court Dismisses Part of Case Over Attorney’s Bad Faith Failure to Preserve Billing Records: eDiscovery Case Law
In SL EC, LLC v. Ashley Energy, LLC, Missouri District Judge John A. Ross granted the defendants’ motion for terminating sanctions with regard to the plaintiff attorney firm Davis & Garvin, LLC (D&G)’s failure to preserve billing records before letting its Clio account expire after the litigation had commenced, finding that attorney Jim Davis “acted with intent to deprive Defendants of D&G’s full billing records and sanctions under Rule 37(e)(2) are appropriate”.
Join Me on the ACEDS #CaseoftheWeek Discussing In-Person vs. Remote Depositions!: eDiscovery Case Law
It’s a three-post day! On a Monday! That sets a dangerous precedent for the week! 😉 Nonetheless, join me tomorrow in the #CaseOfTheWeek event conducted by ACEDS and eDiscovery Assistant where I’ll be discussing a Court ruling on in-person vs. remote depositions!
Here’s a Webinar that Will Discuss Three Things You Need To Know About Slack’s New Legal Hold: eDiscovery Webinars
Placing defensible legal holds on Slack data has always required collecting the data to an external repository to preserve it while maintaining information governance policies, until now. Slack has added the ability to create and manage legal holds so that data can be preserved in place. Here’s a webinar from Hanzo that will discuss what you need to know about Slack’s new legal hold capability, with experts from IBM, Uber, Slack, and Hanzo!
If You’re an eDiscovery Professional, You Might Be a “Flying Wallenda” for Your Organization: eDiscovery Best Practices
Does it seem like you’re walking a tightrope between minimizing data for information governance and compliance and preserving the data you may need to support litigation holds? As this article from Compliance discusses, an eDiscovery professional may be a “Flying Wallenda” for an organization, leveraging technology and expertise as the “balancing pole” between the competing goals.
Court Denies Defendant’s Request For Forensic Examination of Plaintiff’s Cell Phone: eDiscovery Case Law
In Johns v. Chemtech Services, Illinois Magistrate Judge Gabriel A. Fuentes denied the defendant’s request for a Court-compelled forensic examination of the plaintiff’s cell phone, stating that he “does not see a forensic examination of plaintiff’s cell phone as proportional to the needs of the case under Rule 26(b)(1)”.
This week’s post for IPRO’s blog discusses something a bit different – the ACEDS Houston virtual Technology Showcase and Trivia Contest!
eDiscovery Solution Pricing Can Be Apples and Oranges, Here’s How to Avoid Getting Stuck with a Lemon: eDiscovery Best Practices
See what I did there! 😉 It’s a three-post day! Do you have a pricing model for your eDiscovery solution that fits your needs? Or are you stuck with a “lemon” that can drive up costs significantly over time? Find out what your options are in this webinar that I will be co-presenting with the Avansic team later this month!
I certainly didn’t know about it, until Craig Ball covered it here on his excellent Ball in Your Court blog, but this eDiscovery Checklist Manifesto has a checklist for every phase of the EDRM, a terrific infographic (you know I love those!), and more!
Android Users, Your Cybersecurity Concerns Are Probably More Than Anybody’s: Cybersecurity Best Practices
As Cybersecurity Awareness Month continues, some of us are more vulnerable than others. As this recent article from Forensic Discovery notes, those of you who are Android users may be most vulnerable of all!
Oh Canada! The Sedona Conference Has a Commentary on Discovery of Social Media For You!: eDiscovery Best Practices
The Sedona Conference® (TSC) and its Working Group 7 (Sedona Canada) recently announced the publication of the Sedona Canada Commentary on Discovery of Social Media.
Years ago, I wrote a post stating that Information Governance is the Rodney Dangerfield of EDRM phases. That has changed a lot in recent years. But when it comes to eDiscovery services, Data Conversion may be the new Rodney Dangerfield. A recent post by Doug Kaminski of Cobra Legal Solutions discusses scenarios where data conversion is needed and how everybody needs it at some point.
“Be Afraid” of eDiscovery Mistakes Discussed in Our October EDRM Case Law Webinar!: eDiscovery Webinars
“Be afraid, be very afraid” of mistakes in discovery! Our October EDRM case law webinar of cases covered by the eDiscovery Today blog discusses six more unique eDiscovery case law disputes!
Grossman and Cormack Say Stick to the Science, Not to the “eDiscovery Medicine Show”: eDiscovery Best Practices
A new paper published by Maura R. Grossman, J.D., Ph.D. and Gordon V. Cormack, Ph.D. titled The eDiscovery Medicine Show seeks to invite an open and honest dialogue regarding the need for truth and science in eDiscovery. And they do so by drawing a parallel between how eDiscovery professionals currently approach culling of electronically stored information (“ESI”) and the medicine shows of the early 1900s, where “unscrupulous purveyors of magical elixirs promoted their wares”.
Court Denies Defendant’s Request to Withhold Video Footage Until After Deposition: eDiscovery Case Law
In Avila v. Target Corp., New York Magistrate Judge James M. Wicks denied the defendant’s application (sought in the form of a protective order) to delay production of a non-privileged video recording of a slip and fall event at the heart of the case until after the plaintiff’s deposition was completed.
Judicature Asks If Privacy Should Be Considered a “Burden” in Proportionality Analysis: eDiscovery Best Practices
That depends on whose argument you agree with in an interesting point/counterpoint published over two essay articles in Judicature by the Bolch Judicial Institute of Duke Law School.
October is Cybersecurity Awareness Month and this week’s post for IPRO’s blog discusses ways to protect yourself against cyber threats and what you can do to promote awareness of cybersecurity best practices.
Remote Mobile Device Collection is Challenging, But Planning Can Minimize Those Challenges: eDiscovery Best Practices
It’s mobile device day! 🙂 The COVID-19 pandemic has forced many eDiscovery services that used to be conducted primarily in person to be provided remotely, and, for remote mobile device collection, that can be quite challenging. But, as Kyle Brent of Sandline notes, the issues can be minimized if vendors and clients plan and communicate effectively.
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