Thought Leader Interview Part Three with David Greetham of Ricoh USA: eDiscovery Trends and Best Practices
I recently interviewed David Greetham, Information Governance and eDiscovery business unit leader at Ricoh USA, Inc. 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 David Greetham, the conclusion of our interview.
Three Use Cases of AI and Machine Learning Technology You Should Know: Legal Technology Best Practices
This week’s blog post for IPRO’s blog is three use cases of AI and machine learning technology that you may not know but should know. Even though we’re far from achieving critical mass in the legal profession when it comes to the use of predictive coding technologies, the use of predictive coding for document review to support discovery is certainly the most common use of artificial intelligence (AI) and machine learning technologies. By far.
Not Quite Asimov’s 3 Laws (But We’re Getting There): New Proposed Artificial Intelligence Act from the European Commission
In Isaac Asimov’s 1950 story collection, I, Robot, he establishes the Three Laws of Robotics for a fictional version of Earth in the mid-21st century. These laws were created so that interactions between robots and humans wouldn’t lead to harm. The European Commission didn’t quite go to Asimov’s level, but they did recently propose a new Artificial Intelligence Act to propose the first ever legal framework on AI.
You Know the Term Artificial Intelligence. But Do You Know What Augmented Intelligence Is?: Legal Technology Best Practices
Let’s face it, you’ve all heard the term “artificial intelligence” or “AI”. I read a couple of years ago that it’s the single most overused term in technology. And we’re seeing AI everywhere in our daily lives and more and more in legal technology. But are you familiar with the term “augmented intelligence”? You’re seeing that too, you just don’t realize it.
Here’s a great sign that we’re moving back to normal – announcement of in-person events! IPRO‘s 2021 Tech Show event will be in-person – in San Diego, no less! With a capped audience of course. The full text of their press release announcing this year’s event is below, which includes links for more information, a preliminary agenda and FAQ!
Thought Leader Interview Part Two with David Greetham of Ricoh USA: eDiscovery Trends and Best Practices
I recently interviewed David Greetham, Information Governance and eDiscovery business unit leader at Ricoh USA, Inc. 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 David Greetham.
HOUSTON, TX and DENVER, CO, May 5, 2021 – Doug Austin’s eDiscovery Today blog, the only daily blog for electronic discovery, cybersecurity and data privacy trends, best practices and case law is pleased to announce an Educational Partnership with Forensic Discovery, a leader in digital forensics and eDiscovery services.
The case I covered yesterday regarding discovery of personal emails from the defendant’s CEO generated a lot of discussion on LinkedIn and there was a lot of discussion on why business and personal emails shouldn’t be mixed. Not only should you not use your personal email account to conduct business, as this article notes, you also shouldn’t send data to your personal email accounts from your business account.
When it Comes to eDiscovery Case Law Disputes, Our May EDRM Case Law Webinar is No Picnic!: eDiscovery Webinars
eDiscovery case law disputes are no picnic! Our May EDRM case law webinar of cases covered by the eDiscovery Today blog discusses several unique disputes involving sanctions, social media and even discovery of personal emails!
Time for another thought leader interview on eDiscovery Today! My latest interview is with a testifying and consulting expert who leads Ricoh USA’s computer forensic and eDiscovery services team, David Greetham!
Court Grants Plaintiff’s Discovery Request for Personal Emails of Defendant CEO: eDiscovery Case Law
In Tradeshift, Inc. v. Buyerquest, Inc., California Magistrate Judge Thomas S. Hixson denied the defendant’s motion to quash a subpoena that the plaintiff served on Google for dates of personal communications between the defendant CEO and a client at the heart of a breach of contract case and granted the plaintiff’s motion to compel the defendant to conduct a discovery request for personal emails of the CEO, to be conducted by defendant’s counsel.
The latest post in Craig Ball’s excellent Ball in Your Court blog is perhaps one of the longest ones he’s published, and for good reason. It’s a comprehensive look at all of the topics the students in his E-Discovery and Digital Evidence course at the University of Texas School of Law need to study to prepare for the Final Exam. It’s a laundry list of topics an eDiscovery professional needs to know and his Appendix on Twenty-One Key Concepts for Electronically Stored Information is so excellent, I just have to cover it again here.
This week’s blog post for IPRO’s blog is about possibly one of the most overused terms in our industry – end to end eDiscovery. Many sales and marketing people in the industry will tell you (proudly, and with conviction, I might add) that “we provide an end-to-end eDiscovery solution!” But do they really?
Court Denies Oracle’s Request for Sanctions for Transferring Data During Duty to Preserve: eDiscovery Case Law
In Oracle USA, Inc. v. Rimini Street, Inc., Nevada Magistrate Judge Cam Ferenbach recommended that plaintiff Oracle’s motion against Rimini for sanctions for transferring data pursuant to Rule 37 be denied, finding that “Oracle has not shown that any ESI was lost within the meaning of Rule 37”.
Looking to Implement Information Governance within Your Organization? Take Small Bites: Information Governance Best Practices
I love a great analogy! Hungry to implement information governance within your organization? That’s fine. But, as this recent article illustrates, information governance is (for lack of a better way of putting it) a BIG meal! Better take small bites.
In Holley, et al. v. Gilead Sciences, Inc., et al., California Magistrate Judge Jacqueline Scott Corley, in response to a request from the plaintiffs to modify their electronically stored information (ESI) production obligations, issued several modifications to prior ESI orders, including an order for mass social media discovery from 250 plaintiffs.
There’s a virtual plethora of virtual events for legal technology education right now! See what I did there? And that includes a two-day FREE event being conducted next week by Corporate Counsel Business Journal – CCBJ’s ELITE LegalTech virtual event! And I’m excited to be a part of it!
My latest blog post for IPRO’s blog is about how data from the collaboration app Slack has become a common source of ESI in litigation, investigations, and other eDiscovery-related use cases, how discovery of Slack data has become routine and how it has also become proportional in discovery for litigation as well.
When it comes to buyers guides for “eDisclosure” (i.e., what they call “eDiscovery” across the pond), there are none better than Andrew Haslam’s annual eDisclosure Systems Buyers Guide. The good news is that it’s time for his 2021 edition!
If you deal with forensic mobile device collection for eDiscovery, you’re probably aware of the company Cellebrite – their software is probably the most popular for unlocking mobile devices and extracting data from them. To do so, Cellebrite has been very successful in exploiting vulnerabilities overlooked by device manufacturers. Now, according to the CEO of a popular messaging app, there may be a number of potential security flaws in Cellebrite itself.
Craig Ball Discusses Lawyers Zooming into Technical Proficiency in One Area at Least: eDiscovery Best Practices
See what I did there? 😉 Necessity is the mother of invention is a famous proverb (attributed to Plato by some), but perhaps necessity is also the father of progress. In his latest blog post on his excellent Ball in Your Court blog, Craig Ball discusses lawyers and legal professionals zooming into technical proficiency with Zoom and other collaboration tools once the pandemic began!
There Are Still Tickets Available for the 2021 Virginia State Bar Techshow on Monday!: eDiscovery Best Practices
The 2021 Virginia State Bar Techshow is being offered via Live Webinar this coming Monday (April 26th) and will feature CLE, Virginia Supreme Court Justice Cleo E. Powell and a national panel of ABA TECHSHOW speakers.
The results from the 2021 EY Law Survey (discussed on the EY site here) were published earlier this month, and they support much of what industry experts were predicting in 2020: namely that corporate law departments will continue to have to do more with less.
Remember last year when most of us began working remotely full time (at least those who weren’t already doing so)? How could you forget, right? When that happened, the total number of global ransomware reports increased by 715.08 percent for the first half of 2020 (compared to the same period in 2019)! Needless to say, understanding how to prepare for ransomware attacks has become critically important to organizations, and this guide from Gartner provides some recommendations and best practices for doing so. And you can get the guide FREE, courtesy of HaystackID!
Confused? I’ll explain below. Last month, in response to several people reaching out to me via LinkedIn, I published a “for newbies” post to identify available resources for newbies to better understand the “ins and outs” of eDiscovery. A lot of people reacted positively to it, which was very gratifying. I promised a part two on the rules (“soon” I said: not as soon as intended, but I tried!), so here are some rules you need to know!
In Brown v. SSA Atlantic, LLC, Georgia Magistrate Judge Christopher L. Ray granted in part and denied in part the defendant’s motion for spoliation sanctions against the plaintiff for his deactivated Facebook account and failing to disclose others, ordering the plaintiff to produce data from his Facebook account(s) and also directing the plaintiff and his attorney to show cause why sanctions should not be imposed, pursuant to Federal Rule of Civil Procedure’s 26(g) certification requirements.
Congrats to the IPRO team on the latest release of their eDiscovery Enterprise software with Live EDA and Artificial Intelligence capabilities! The full text of the release is here, along with a link to the video that discusses the new features.
Here’s a Webinar that Will Show Some Proactive Strategies for Early Case Assessment!: eDiscovery Webinars
How early case assessment (ECA) is handled might differ between organizations, but at its core, it’s about finding key information early on to understand risk and guide case strategy. Here’s a webinar that will show some proactive strategies for early case assessment for cloud collaboration tools!
Court Issues Default Judgment Sanction Against Defendants for Violations in Opioid Litigation: eDiscovery Case Law
In Staubus, et al v. Purdue Pharm, et al., Tennessee Circuit Court Chancellor E. G. Moody granted a default judgment sanction in the plaintiffs’ favor on liability, in addition to other sanctions, and reserved issuing a final judgment pending a damages trial for the Endo defendants’ numerous eDiscovery and litigation violations.
Here’s a Webcast That Shows You How to Optimize Public Comment Management in Environmental Impact Projects: eDiscovery Webcasts
Managing public comment responses for environmental impact projects, rule changes, and permit applications requires the latest technology with comprehensive workflows to meet strict deadlines and detailed reporting. Here’s a webcast on Wednesday that will show you how to optimize public comment management in environmental impact projects!
According to the Identity Theft Resource Center®, publicly-reported U.S. data compromises in Q1 2021 were up 12 percent (to 363) from Q4 2020. No big deal, right? But the number of individuals impacted is up 564 percent (51 million in Q1 2021 versus eight million in Q4 2020). That’s a huge jump and a lot of people affected by data breaches!
Here’s a Virtual Event Discussing “What is Proportional Discovery?” From the Bolch Judicial Institute at Duke Law School: eDiscovery Events
There were 889 case law decisions involving proportionality disputes in 2020, which is even more than sanctions disputes last year! And this is the second time I’ve told you that this week. So, what better way to find out what is proportional discovery than to get a judges’ and discovery practitioners’ perspective on it – especially when they have drafted new Proportionality Guidelines and Best Practices! This CLE-approved* virtual event next week from the Bolch Judicial Institute at Duke Law School will provide that and more!
One of my favorite things to cover every year is the Internet Minute infographic that is published by AllAccess.com and Lori Lewis. It’s a little later than normal, but here is the 2021 Internet Minute infographic!
Here’s something different for my weekly IPRO post. IPRO and eDiscovery Today have teamed up for the first ever IPRO/eDiscovery Today Corporate Legal Snapshot Survey! And if you’re a corporate legal professional, we want you to participate!
Monday’s April EDRM Case Law Webinar is “Blooming” with Unique and Interesting Cases!: eDiscovery Webinars
Our monthly April EDRM case law webinar of cases covered by the eDiscovery Today blog this coming Monday may be the most unique group of cases we’ve discussed yet!
HaystackID™ Named a Representative Vendor in the 2021 Gartner Market Guide for E-Discovery Solutions
WASHINGTON – April 14, 2021—HaystackID™ is proud to announce its positioning in the Gartner Market Guide for E-Discovery Solutions, an annual report published by leading research and advisory company Gartner, Inc. Authored by industry analyst Michael Hoeck, the report provides information technology leaders and legal counsel with considerations for the evaluation and selection of eDiscovery solutions.
In Bierk v. Tango Mobile, LLC, et al., Illinois Magistrate Judge Jeffrey Cole resolved the dispute over defendant’s 30(b)(6) witness deposition by allowing the plaintiff two hours of additional deposition time with the defendant’s witness, with both counsel ordered to “have whatever documents are necessary available in order that the topics may be addressed without further glitches”. Noting that “neither side followed the procedures they were instructed to follow multiple times”, Judge Cole awarded no fees and stated that “each side shall bear its own fees and costs”.
The Spring 2021 eDiscovery Business Confidence Survey May Indicate That the COVID-19 Effect on eDiscovery is Over: eDiscovery Trends
So, that’s why they call it “spring”! It’s time for the Spring 2021 eDiscovery Business Confidence Survey, published (as always) on Rob Robinson’s terrific Complex Discovery site. Has the confidence of individuals working in the eDiscovery ecosystem in the business of eDiscovery continued to rebound from the COVID-19 doldrums that have influenced survey results recently? You tell me!
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