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Data Preservation Discovery

Association of Certified E-Discovery...

Missing Just That One Piece: Why eDiscovery is Like Algebra

With back to school on the mind in this season of the year, we discovered that there are some parallels between algebra and eDiscovery. Go with us on this one for a minute (or, maybe, for the rest of this blog post.) You...more

Association of Certified E-Discovery...

eDiscovery Lessons for In-House Counsel: A Case Study in What Not to Do

In the complex world of eDiscovery, the responsibilities of in-house counsel are more critical than ever. The stakes are high, and the consequences of missteps can be severe, as highlighted in this week’s Case of the Week. In...more

Association of Certified E-Discovery...

The Evolution of eDiscovery: From its Inception to the Future

The digital revolution of the late 20th century brought a tidal wave of electronically stored information (ESI). Emails, digital documents, and other forms of electronic data began to dominate business and personal...more

EDRM - Electronic Discovery Reference Model

[Webinar] Data Risk & Resilience Part II - E-Discovery Unlocked: Managing the E-Discovery Data Minefield - September 12th, 1:00 pm...

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. This...more

EDRM - Electronic Discovery Reference Model

Takeaways From Felder v. MGM National Harbor

​​​​​​​Felder v. MGM National Harbor, LLC, 2024 WL 3690779(D. Md. Aug. 7, 2024)(Simms, J.), addresses several important issues. First, in Felder, the Court ordered the parties to conduct a “meet and confer” session.  That,...more

EDRM - Electronic Discovery Reference Model

August’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published August 21, 2024 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

EDRM - Electronic Discovery Reference Model

A Protective Order Has Teeth – Counsel Disqualified After Court Finds Violations

In US Dominion, Inc. v. Byrne, 2024 WL 3792654 (D.D.C. Aug. 13, 2024), violations of protective orders led to disqualification of counsel. The court began its decision by stating:  “This case arises out of the 2020 U.S....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

[Webinar] Modern Attachments or Old-Fashioned Hyperlinks? How to Navigate the eDiscovery Challenges of Linked Files in Email and...

The so-called “modern attachments” found in emails, collaboration software platforms like Slack and MS Teams, and other digital formats are presenting interesting and frustrating challenges for legal professionals in terms of...more

Association of Certified E-Discovery...

[Webinar] Uncovering E-Discovery Data Risks - How to Identify and Mitigate Hidden Threats Before It's Too Late - August 28th,...

Something keeping you up at night? It just might be the data risks hiding in your e-discovery process. Join us for an in-depth webinar on "Uncovering E-Discovery Data Risks: How to Identify and Mitigate Hidden Threats Before...more

EDRM - Electronic Discovery Reference Model

“Attachments to Attorney-Client Communications May Be Withheld as Privileged, Without an Independent Basis for Privilege,” But….

In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court held that “attachments to attorney client communications may be withheld as privileged without an independent basis for...more

EDRM - Electronic Discovery Reference Model

What’s New in eDiscovery Pricing? Summer 2024 Market Report

ComplexDiscovery’s Editor’s Note: The Summer 2024 eDiscovery Pricing Survey by ComplexDiscovery OÜ, conducted in partnership with the Electronic Discovery Reference Model (EDRM), now in its twelfth edition, continues to...more

EDRM - Electronic Discovery Reference Model

Discovery About Discovery – When Was Duty to Preserve Triggered?

In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court “allowed [defendants] Hillrom to take limited discovery about when [plaintiff] Linet’s duty to preserve may have...more

Association of Certified E-Discovery...

[Virtual Event] Social Media Investigations and Analysis - September 18th, 12:00 pm - 1:30 pm ET

Welcome to our event: How to find individuals, preserve data from sites, analyze and review data from social media sites and associated services....more

Epiq

Six Challenges When Collecting Social Media Artifacts for eDiscovery Litigation

Epiq on

Social media platforms are one of society’s primary communication channels, not just for personal interactions but also for business communications. Consequently, collecting social media artifacts for eDiscovery purposes is a...more

EDRM - Electronic Discovery Reference Model

July’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published July 24, 2024 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 the...more

Association of Certified E-Discovery...

How the Failure to Preserve Data from a Mobile Device Can Drastically Affect Trial Strategy

The importance of early planning and thorough preservation of electronic data cannot be overstated, especially when it comes to litigation. In a recent case, Two Canoes LLC v. Addian Inc. (April 30, 2024), the failure to...more

Integreon

Data, Documents and the eDiscovery Review Process – Are We Doing It Right?

Integreon on

Recently, a client asked their technology partner to export a list of documents and send to her by email; we assumed so she could print them and work on hard copy versions. In contrast, just a few minutes later, a different...more

Association of Certified E-Discovery...

How Apple’s Failure to Suspend its Retention Policy Resulted in Siri-ous Sanctions: A Cautionary Tale for Litigation Professionals

In a recent ruling in Lopez v. Apple, Inc., Apple faced significant sanctions for failing to suspend its automated data deletion policy for Siri recordings after the initiation of litigation. This case is a  reminder of the...more

Integreon

Document Review Challenges: Strategies for Law Firm Litigation Professionals in 2024

Integreon on

Document review, the most expensive part of the eDiscovery process, often poses a formidable challenge for litigation professionals, especially in large-scale, complex cases. This task is further complicated by the need to...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

Geofence Search Warrant Held Valid

County police officers were investigating a theft of farm equipment. They applied for a “geofence warrant” to be served on Google: “A geofence warrant authorizes the seizure of location data collected from smartphones of...more

EDRM - Electronic Discovery Reference Model

Optimizing the Remote Reach: Strategies for Secure and Efficient Data Collection

The digital revolution has irrevocably transformed the way we conduct business, and investigations are no exception. The surge in remote work models has rendered traditional on-site data collection methods increasingly...more

EDRM - Electronic Discovery Reference Model

June’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published June 18, 2024 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 the...more

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