Electronic Discovery Science, Computers & Technology

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Heartbleed Won’t Bring Cardiac Arrest for Ediscovery

How do you stop a security professional’s heart from beating? Two words: security breach. In today’s “Internet of Everything” environment, the impact of a security breach can be felt around the world and back again…in...more

Bitcoin: A Tale of Digital Trails

Once thought of as an anonymous method of buying and selling goods and services, Bitcoin users and researchers are increasingly aware of the inherent limits of anonymity in the context of Bitcoin use. Similar to any other...more

EDRM Releases A New Model For Analyzing Private Data

Recent high-profile data breaches have placed security of personally identifiable information (PII) at the forefront of many organizations’ concerns. Protecting PII and other private data can be a significant undertaking....more

Dear Mr. Snowden: Is it reasonable to expect my attorney-client communications are confidential?

Last month, Edward Snowden provided the press a document describing “how Australian intelligence conducted surveillance of trade talks between Indonesia and the United States and, in the process, monitored communications...more

To Native or Not to Native, That Is the Question

Here at IT-Lex, we write a lot about the form of producing documents. (For instance, see here, here, here, and here) Producing in TIFF format has long been the standard-bearer in electronic discovery, while PDFs are a...more

Predictive Coding Semantics: Step out of the Rain!

A few years ago, we wrote about predictive coding going mainstream; shortly thereafter we wrote a series debunking the most common myths about predictive coding; then, we even went so far as to break down predictive coding...more

How the 'Internet of Things' Will Impact eDiscovery

Big data is only going to get bigger, my friends....more

How the ‘Internet of Things’ Will Impact Data Security and Privacy

Who ultimately owns the data? How will your data be shared? Wouldn’t health insurance companies love access to your fit monitor data to set their premiums?...more

The Spoliation of Text Messages

In the era of Twitter and Instagram, it should come as no surprise that a party’s cell phone data, including text messages, may prove invaluable to an adverse party during the course of litigation. As with any other...more

Isn’t E-Discovery Hard Enough Without the Internet of Things?

This week, after a seemingly endless year of construction, my family and I moved into our new, energy-efficient home. As I was in the kitchen unpacking, my daughter cried out, somewhat dramatically, “Mama, come here…. The...more

Privacy: What the World Has to Say About It

Let’s face it: technology has made the world smaller. It’s no longer extraordinary for what was once termed a “mid-sized” or “regional” company to trade and outsource in foreign markets. Indeed, the Internet has made it...more

BYOD: Policy Considerations for Employers in the Age of Personal Devices

Employees who use personal smart phones, PDAs, tablets, laptops and other electronic devices to connect to the employer’s computer network are fast becoming more of a rule than an exception. Today’s employees are often...more

Week in Review - January 16, 2014

This week's headlines charged employers with preserving and protecting data in the workplace. This advice is timely given that this week is “Tax Identity Theft Awareness Week,” a time when employers are reminded to safeguard...more

Something Wicked This Way Comes - Dark and Dusty Data and the Risk Your Organization Already Owns

During the final panel of Thomson Reuters’ 17th Annual eDiscovery & Information Governance in Practice Forum, Thomas Barnett, Ignatius Grande, and Sandra Rampersaud led a lively discussion on Managing Big Data, Dark Data, and...more

Unstructured Data: The Black Hole of Ediscovery

Big Data, Structured Data, Unstructured Data – these terms are becoming the buzzwords of ediscovery, but what do they mean? Structured data refers to information residing inside complex applications, such as...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 4 (Fall 2013): The Current State of the...

Now firmly settled in the digital era, where more and more companies have transitioned to paperless environments and where generation of electronic documents and correspondence is the norm, discovery of electronic data, or...more

Maximize Your Ediscovery Portfolio with Multi-Matter Management

Predictive coding and other advanced technologies have changed the ediscovery landscape in a major way by offering the potential to increase efficiencies and decrease costs from collection through production. The fact that...more

ESI & Electronic Discovery - October 3, 2013

The emergence of mid-size firms outside the major metropolitan areas as players in the Ediscovery market is coming. Clients who are tired of soaring document hosting and review costs associated with Big Data will appreciate...more

Audit Log Discovery As A Feature Of The Electronic Medical Record

The increased use of electronic medical records ("EMR") is changing not only the way physicians practice medicine but also the way discovery is conducted in medical malpractice lawsuits. Plaintiffs' attorneys seek to...more

Obtaining German Works Council Approval to Collect Employee E-Mail and Electronic Documents Using EnCase® Enterprise and EnCase®...

German companies sometimes are required to collect data for legitimate business purposes, including for compliance, to investigate malfeasance, for adjudication of claims and to protect personal data of customers from misuse....more

Top EDiscovery Case Summaries - October 2013: New York: Court Allows Presumption of Prejudice, Overturns Previous Order Denying...

Sekisui Am. Corp. v. Hart, 2013 WL 4116322 (S.D.N.Y. Aug. 15, 2013). In this case, Judge Shira Scheindlin reversed an earlier order that denied spoliation sanctions for the plaintiffs’ deletion of ESI. The underlying breach...more

The EDRM’s New Computer Assisted Review Reference Model: Explained

Last month I was invited by the EDRM to take part in their webinar on the Computer Assisted Review Reference Model (CARRM). I was joined by three esteemed Technology Assisted Review experts: George Socha, EDRM, Herbert...more

Top EDiscovery Case Summaries - October 2013: California: Court Orders Sanctions, Threatens Order to Retain an Ediscovery Vendor...

Logtale Ltd.v. IKOR, Inc., 2013 WL 3967750 (N.D. Cal. July 31, 2013). In this misrepresentation case, the plaintiffs sought to compel the defendants to comply with a prior court order and compel production from a defendant...more

Top EDiscovery Case Summaries - October 2013: Louisiana: Absent Requisite Specificity, Court Declines “Ultra-Broad” Motion to...

NOLA Spice Designs, LLC v. Haydel Enters., Inc., 2013 WL 3974535 (E.D. La. Aug. 2, 2013). In this trademark infringement case, the plaintiff refused to disclose user names and passwords in depositions and written responses,...more

BB&K Police Bulletin: Warrant to Search Electronic Records - Court Upholds Search of Computer and Storage Devices for Child...

Overview: The Ninth Circuit Court of Appeals recently found that probable cause supported a warrant authorizing the electronic search of computer equipment and digital storage devices belonging to a suspected child...more

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