News & Analysis as of

Data Collection Data Preservation Federal Rules of Civil Procedure

TransPerfect Legal

From Paper to Pixels: The Evolution and Power of eDiscovery in Modern Legal Practice

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We live in an era of ‘big data.’ According to the International Telecommunications Union, more than three-quarters of the world’s population own a mobile phone. The same statistics apply for computer and internet use....more

Association of Certified E-Discovery...

Spoliation Sanctions & Summary Judgment Denial: A Wake-Up Call for Mobile Device Preservation

A recent decision in ediscovery case law, Maziar v. City of Atlanta from June 10, 2024, underscores the crucial importance of early preservation, particularly regarding text messages from mobile devices. This case, presided...more

EDRM - Electronic Discovery Reference Model

Garden Variety: Byte Fed. v. Lux Vending

My esteemed colleagues, Kelly Twigger and Doug Austin, both posted about a recent discovery decision out of a federal district court in Florida, case no. 8:23-cv-102-MSS-SPF, styled, Byte Fed., Inc. v. Lux Vending LLC. and...more

EDRM - Electronic Discovery Reference Model

One Form of a Custodial Data Map

I am an advocate of data mapping. I also usually attempt to discuss key custodians with opposing counsel. However, in cases with a large number of custodians, I often find that it is difficult to keep track of them,...more

Association of Certified E-Discovery...

How Delaying Third Party Discovery Can End Up Costing You Dearly

[Editor’s Note: This article has been republished with permission. It was originally published January 18, 2024 on the eDiscovery Assistant Blog] In Episode 129 of Case of the Week, Kelly Twigger of eDiscovery Assistant...more

EDRM - Electronic Discovery Reference Model

October’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published October 18, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

Association of Certified E-Discovery...

Technocat Tidbits: What Is An ESI Protocol

Hey there, fellow legal tech enthusiasts! It’s Cat Casey, back with another installment to help you navigate the legal tech maze. Today, we’re diving deep into the world of ESI Protocols. If you’re thinking, “ESI-what-now?”,...more

Association of Certified E-Discovery...

Technocat Tidbits: What is a Legal Hold Notice?

Your friendly neighborhood Technocat is back to shed some light on the captivating topic of legal hold notices. (Riveting I know!) The legal hold process for Electronically Stored Information (ESI) is a crucial step in the...more

Association of Certified E-Discovery...

Technocat Tidbits: What are the Rules for eDiscovery?

In the beginning, there was paper. And lots of it. Seriously warehouses stacked with banker’s boxes as far as the eye could see. And the Federal Rules of Civil Procedure were designed to support paper discovery in the...more

Reveal

Document Production: Rules and Tips for eDiscovery Workflows

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According to Norton Rose Fulbright’s 2023 Annual Litigation Trends Survey, corporations spend an average of $1.7 million on legal disputes for every $1 billion in revenue they earn. With much of that spending going toward...more

Reveal

What is a legal hold?

Reveal on

While most legal professionals are familiar with legal holds, that doesn’t mean they look forward to receiving one. While properly executing a legal hold doesn’t have to be complicated, compliance requires careful planning...more

Hanzo

Analysis Of The Importance Of Gmail For Ediscovery

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Organizations that use Gmail for business communications need a way to preserve and extract discoverable information in the event of litigation. But that’s harder than it would appear at first glance. This is the first in...more

Reveal

4 Tips on how to address issues surrounding ESI

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Under the Federal Rules of Civil Procedure, parties are obligated to share a description of their documents, including electronically stored information (ESI), and any tangible things that might support their case or defense...more

Hanzo

Ediscovery, Remote Work, and the Rise of Collaboration Apps

Hanzo on

Even before the COVID-19 Pandemic in 2020, collaboration app (e.g. Slack) usage was on the rise for internal enterprise communications, with the market share increasing from around seven billion U.S. dollars in 2015 to nearly...more

Hanzo

Ediscovery: How the Federal Rules Apply in the Digital Age

Hanzo on

A lot has changed since the Federal Rules of Civil Procedure (FRCP) were first enacted in 1938. Yet the goals of discovery—and the Rules governing its conduct—remain as simple now as they were then. In a nutshell, parties...more

Reveal

2021 eDiscovery Case Law Wrap-Up

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To better understand how technology continues to affect the legal industry, you just have to look at case law and the resulting court rulings, particularly in regards to eDiscovery and the Federal Rules of Civil Procedure...more

Reveal

Why Legal Hold Technology Is More Than “Just Sending a Few Emails”

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When it comes to a pending litigation, the duty to preserve electronic data is clearly laid out in the Federal Rules of Civil Procedure (FRCP)... But when it comes to the actual process of letting custodians know they need...more

Association of Certified E-Discovery...

E-Discovery Gold Nuggets: Part 2

Welcome to another installment of “E-Discovery Gold Nuggets”, where ACEDS Kansas City Chapter Leader Daniel Gold’s LinkedIn video series is explored on the ACEDS blog. Gold, who is also Managing Director of E-Discovery...more

Reveal

Want to Avoid eDiscovery Pitfalls? Get Your Process in Order!

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It’s almost a pop-culture cliche: someone is facing challenges and not getting immediate results, to which a more experienced person says, “Trust the process.” But often lurking deep in the origin of a cliche is a kernel...more

Lighthouse

Legal Tech Innovation: Learning to Thrive in an Evolving Legal Landscape

Lighthouse on

The March sessions of Legalweek took place recently, and as with the February sessions, the virtual event struck a chord that reverberated deep from within the heart of a (hopefully) receding pandemic. However, the...more

Hanzo

If You’re Not Requesting Slack Data in Ediscovery—or Preserving It—What Are You Waiting For?

Hanzo on

When you start an ediscovery project, are you explicitly asking your opponents to produce data from the collaboration application Slack? Are you looking for relevant and helpful data within your own Slack channels and...more

Association of Certified E-Discovery...

Hold My Phone: Part 1 – Preservation and Collection of Mobile Device Data

Mobile devices, especially smartphones, have become home to all manner of data about what we do. That means they should be seems as a key potential source of potentially relevant electronically stored information....more

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