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Data Collection Information Governance Evidence

Association of Certified E-Discovery...

Linked Documents or Modern Attachments: Protocols to Minimize Risks in Preservation, Collection, and Review

Whether we refer to them as “linked documents” or “modern attachments,” gathering the information contained in these files poses an increasing challenge in the ever-evolving e-discovery landscape. I had the privilege of...more

Array

This Week in eDiscovery: Nonprivileged Documents Attached to Privileged Communications | New Social Media Frontiers

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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 post covers the period of January 19-25. Here’s what’s...more

Pagefreezer

Emojis and the Law: Are Emojis Legally Binding?

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Are emojis legally binding? Can they be used as evidence in court? The answer is complicated....more

EDRM - Electronic Discovery Reference Model

Google Avoids Discovery on Discovery Based on Insufficient Foundation for Request

In Taylor v. Google LLC, 2024 WL 4947270 (N.D. Cal. Dec. 3, 2024), the court held that “plaintiffs have not shown a specific deficiency in Google’s document production or a factual basis to believe that Mr. Boyer’s (or anyone...more

EDRM - Electronic Discovery Reference Model

Building a Unified Foundation for Digital Investigations in eDiscovery

The digital forensics landscape in the private sector is witnessing a metamorphosis. The relentless growth and diversification of data necessitates a paradigm shift in how organizations approach investigations. Fragmented...more

EDRM - Electronic Discovery Reference Model

Cyber Diplomacy: A New Frontier in International Relations and Professional Practice

ComplexDisocvery’s Editor’s Note: This article underscores the growing significance of cyber diplomacy in the context of global security and international relations. As cyber threats become increasingly sophisticated and...more

Nextpoint, Inc.

eDiscovery for the Rest of Us: The Checklist Manifesto

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Nextpoint and Tom O’Connor published a new edition of eDiscovery for the Rest of Us, a strategic and tactical resource for legal teams navigating the modern ediscovery landscape. The 2024 version features new content,...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 6: Digital Forensics & Protecting Trade Secrets with Clark Walton

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This week, hosts Tina and Cherie are joined by Clark Walton, a Digital Forensics Expert, Attorney, and Legal Forensics Instructor for Reliance Forensics. They have an insightful discussion on digital forensics and what...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

Association of Certified E-Discovery...

Technocat Tidbits: What is eDiscovery?

eDiscovery is like the detective work of the legal world. Turning the mountain of ones and zeros of digital files into evidence in court. eDiscovery consists of identifying, collecting, processing, reviewing, and producing...more

EDRM - Electronic Discovery Reference Model

Modern Attachments in M365 eDiscovery: How Much Do They Really Matter? A Practical Assessment of the Significance of Modern...

eDiscovery has seen substantial transformation recently, characterized by the introduction of complex and continuously evolving data types. This shift has been primarily driven by rapid innovations in technology and the...more

EDRM - Electronic Discovery Reference Model

“Modern Attachments,” ESI Protocols, & Second Chances

The parties in In re StubHub Refund Litigation, 2023 WL 3092972 (N.D. Cal. Apr. 25, 2023), agreed to an ESI protocol that was incorporated into a court order.  The protocol called for “modern attachments” to be produced with...more

EDRM - Electronic Discovery Reference Model

[Webinar] A Tech Lawyer and Information Scientist Walk Into a Bar; they Discuss ChatGPT, its Promise, Ethical Considerations and...

1. SUMMARY OF INSIGHTS SO FAR. A scientist and tech lawyer impressions of ChatGPT, with emphasis on how it may impact the law going forward. a. RL - "These are ALMOST the Droids we’ve been looking for!" (i) Impressed by...more

EDRM - Electronic Discovery Reference Model

Court Holds That Federal Spoliation Rules Are Both Independent and Interrelated in Cell Phone Sanctions Case

In Doe v. Willis, 2023 WL 2918507 (M.D. Fl. Apr. 12, 2023), the plaintiff’s lawyer imposed an oral legal hold, telling her that she should not delete texts, throw away evidence, or post anything on Facebook, and: “That’s...more

Reveal

eDiscovery From the Other Side of the World: APAC

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When it comes to a discussion of eDiscovery practices on this blog (and others, including my blog eDiscovery Today), the focus tends to be mostly on US practices and laws. Not only US laws, but our discussions tend to revolve...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

Hanzo

Spoliation Is Spooky! Preserving Collaboration Content Can Help You Avoid These Scary Scenarios

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Lawyers are accustomed to slow, gradual changes that unfold over months, years, or even decades. Since our legal system depends on court precedents and democratic mechanisms for regulatory and legislative change, we typically...more

Association of Certified E-Discovery...

[Webinar] ACEDS Ohio Chapter and XDD: Updates on Social Media in eDiscovery - December 4th, 1:30 pm ET

For better or worse, social media has become an influential, indispensable part of our professional and personal lives. Its impact upon discovery is growing in parallel. New types of ESI are showing up as relevant evidence,...more

Association of Certified E-Discovery...

[Webinar] ACEDS Ohio Chapter, ILTA & XDD: E-Discovery Essentials: Best Practices From Collection to Production - December 4th,...

Electronically-stored information (ESI) has permeated business processes so completely that electronic discovery has become the norm in litigation and investigations rather than the exception. Although the core principles...more

Hanzo

[Webinar] Emojis And The Law: Real-World Ediscovery Challenges Of Enterprise Collaboration - October 31st, 2:00 pm ET

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Times are a-changing! Back in the day (pre-2013), email dominated business communications. It was simply the standard. Fast forward to today, the shift to collaboration applications like Slack, Microsoft Teams, and others has...more

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