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.”

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.

Here’s a Webcast With a MEDAL (Mobile Elite Discovery and Analysis Lab): eDiscovery Webcasts

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!

Court Denies Motion to Exclude WhatsApp Message Not Produced in Original Form: eDiscovery Case Law

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”.

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.

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.

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”.

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)”.

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!

Data Conversion May Be the New Rodney Dangerfield of eDiscovery Services: eDiscovery Best Practices

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.

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”.

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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