News & Analysis as of

Data Collection Electronically Stored Information Data Retention

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[Webinar] Data Minimization: Why Less is More - February 26th, 11:00 am CST

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Data minimization is a legal and operational necessity in today’s privacy landscape. There are now legal and operational curbs to the pervasive practice of keeping everything forever. With the rise of global frameworks like...more

Pagefreezer

Social Media Evidence Spoliation and Preservation

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There are few better cases that illustrate the risks of social media spoliation than Lester v. Allied Concrete Company....more

Reveal

eDiscovery 101: Best Practices For Setting Up An eDiscovery Operation

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eDiscovery refers to discovery in legal proceedings such as litigation, government investigations, or Freedom of Information Act requests, where the information sought is in electronic format. eDiscovery tools can also be...more

Butler Snow LLP

The Necessity of Implementing an Information Governance Program

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The company has created a new product. It has passed all clinical trials. All regulatory hurdles have been cleared. It is perfect. It is going to change the world. It goes to the market… And now someone is suing....more

CloudNine

Current Challenges in Modern eDiscovery: Insights from The Masters Conference in Seattle

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On September 18th, I had the opportunity to attend The Masters Conference in Seattle, WA, for my second time, hosted by Perkins Coie. This year, I was struck by how much the technology landscape in eDiscovery has evolved,...more

EDRM - Electronic Discovery Reference Model

[Webinar] Data Risk & Resilience Part IV - Data Deletion Dilemma: A Unified Approach to Defensible Data Disposal - September 26th,...

Data Resilience Masterclass: Navigating the Risks of the Digital Age - Data Risk and Resilience is a critical topic for modern businesses, especially within industries that handle vast amounts of sensitive information....more

EDRM - Electronic Discovery Reference Model

[Webinar] Data Risk & Resilience Part I - Privacy Fortified: Building a Strong Data Defense - September 5th, 1:00 pm - 2:00 pm ET

Join our enlightening webinar to explore the critical role of data discovery in constructing a comprehensive and accurate data inventory, essential for streamlining privacy compliance and enhancing data governance. In this...more

Lighthouse

Five Considerations for a Better Negotiated ESI Protocol with Modern Data

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Preparing for a Rule 26(f) meet and confer and codifying eDiscovery workflow decisions into an ESI protocol is more technically complex and challenging than ever before. In large part, this increased complexity is due to the...more

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Expert Advice: New Study Reveals Top 3 ESI & Litigation Readiness Challenges

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Did you know that nearly 1/3 of companies have been fined by courts or regulatory agencies because the organization couldn’t respond in time to requests for electronically stored information (ESI)?...more

CloudNine

My Experience at the Washington DC Masters Conference

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The Masters Conference in Washington, DC, on April 17th, 2024, was a bustling event with crowded sessions throughout the day. The agenda featured a diverse range of topics, such as Modern Data, Link Files, eDiscovery Case...more

EDRM - Electronic Discovery Reference Model

Cloud Attachments: Versions and Purview

[EDRM Editor’s Note: The opinions and positions are those of Craig Ball. This article is republished with permission and was first published on April 8, 2024.] Last week, I dug into Cloud Attachments to email, probing the...more

Association of Certified E-Discovery...

Public vs. Private ESI as Evidence Best Practices

In the evolving landscape of the legal industry, the management of electronically stored information (ESI) has become a focal point of discussion and strategy. With the digitization of records and communications, legal...more

Lighthouse

Exploring the Links Between Modern Attachments and Legal Precedent in Handling Them

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The modern business technology landscape has been drastically altered over just a few short years. With these changes, eDiscovery and legal professionals have had to scramble to deal with the downstream effects to...more

EDRM - Electronic Discovery Reference Model

[Webinar] Mastering Data Inventories: Strategic Privacy Compliance and Data Governance - April 18th, 1:00 pm - 2:15 pm ET

Join our enlightening webinar to explore the critical role of data discovery in constructing a comprehensive and accurate data inventory, essential for streamlining privacy compliance and enhancing data governance. In this...more

Hanzo

Navigating the New Norm: Data Retention and Preservation in the Legal World

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In the third post of our series on the 2023 Legal Industry Collaboration Data Survey, we delve into the evolving strategies for data retention and preservation that have emerged in response to the growing use of digital...more

Reveal

[Webinar] No longer amateur hour: The new normal of data preservation - April 24th, 1:00 pm - 2:00 pm ET

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Join us for a comprehensive discussion led by distinguished speakers, including U.S. SEC Senior Counsel and Senior Managing Director at FTI Consulting, as they shed light on navigating the intricate landscape of data...more

Association of Certified E-Discovery...

eDiscovery Data Storage: The Obvious and Not-So-Obvious Costs

What is a Gigabyte? Seems really obvious, right? But maybe not. At the time of collection, a gigabyte may be data downloaded from O365 or Gmail, information extracted from a cell phone, or even (historically) a whole disk...more

Array

This Week in eDiscovery: Dangers of DIY eDiscovery, ESI Protocol Overuse, and more

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s blog covers the week of January 1-7. Let’s dive in....more

CloudNine

Professional Services for eDiscovery – When is it Time to Ask for Help?

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Software is meant to make our lives easier when it comes to eDiscovery. Automation, artificial intelligence, and advanced search and culling technologies have all reduced the need for hundreds of human hours reviewing...more

Association of Certified E-Discovery...

You’ll Want to Pay Attention to What the Colorado Supreme Court Just Did and its Future Impact on Privacy in Civil Discovery

[Editor’s Note: This article has been republished with permission. It was originally published November 2, 2023 on the eDiscovery Assistant Blog] In Episode 122, CEO and Founder of eDiscovery Assistant Kelly Twigger...more

Hanzo

[Webinar] 2023 Legal Industry Collaboration Data Survey Results - November 30th, 1:00 pm - 2:00 pm EST

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Collaboration platforms like Slack and Microsoft Teams have transformed enterprise communication. However, this shift has posed new challenges for eDiscovery processes, raising concerns about data management, retention, and...more

Reveal

[Webinar] Declutter Your Data: Strategies for Efficient Data Retention & Risk Reduction - October 25th, 1:00 pm - 2:00 pm ET

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In an era where data is often referred to as the “new oil,” an abundance of it can lead to unexpected challenges. Back in 2012, IDC estimated that information workers spent an average of 9.4 hours per week simply sifting...more

EDRM - Electronic Discovery Reference Model

Spoliation Motions Denied as Untimely – Another Wake-Up Call

In CSX Transportation, Inc. v. Spiniello Global, Inc., 2023 WL 5515979 (D. Md. Aug. 25, 2023)(Bredar, C.J.), the Court denied spoliation motions, in part because they were filed too late. The plaintiff owned and operated...more

EDRM - Electronic Discovery Reference Model

Don’t Be Too Nice When You Send a Preservation Notice

I always advocate for civility and cooperation in e-discovery. But, it may be prudent to expressly threaten a lawsuit in a preservation notice.  It may also be cautious to avoid offering to settle a claim in that notice.  If...more

Reveal

Data Access Governance: Why It Matters and How to Implement It

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Organizations collect and store data for all kinds of reasons, from understanding their customers and anticipating market changes to measuring their performance over time and making strategic business decisions. But as...more

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