Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences
Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?
Brooklyn District Attorney Eric Gonzalez – Innovative Approach to Safety
Key Discovery Points: Timing is Mostly Everything in eDiscovery
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Key Discovery Points: Get Your Copy of the 2025 eDiscovery State of the Industry Report
What are Some of the Concerns With Applying AI to Document Review?
Biggest Benefits of Applying AI to Document Review
All in the Family: What’s Next for Cloud Attachments in eDiscovery?
Bar Exam Toolbox Podcast Episode 302: Listen and Learn -- More on Discovery (Civ Pro)
Key Discovery Points: Even AI Experts Can Get Faked Out
Innovation in Second Requests: Data is Your Greatest Asset
Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
Podcast: How Delaying Third Party Discovery Can End Up Costing You Dearly
How Attorneys’ Views on AI Are Impacting eDiscovery
Key Discovery Points: Get Your Objections In Early – and Keep Your Filings Succinct
Key Discovery Points: Lessons Learned from TikTok’s Redaction Fiasco
eDiscovery Needs Digital Forensics for a Mobile World
Mobile devices have fundamentally reshaped how we communicate, work, and live. With 91 percent of Americans owning a smartphone and spending nearly five hours per day on these devices, mobile devices have become integral to...more
One of the best indicators of trends related to mobile device discovery is case law rulings. Case law rulings tell us what the courts are expecting from us regarding how and when electronically stored information (ESI) from...more
For years, litigators focused on emails and corporate documents as the primary sources of discoverable evidence. But the way people communicate has changed. Today, crucial case evidence is just as likely—if not more likely—to...more
As mobile devices continue to integrate seamlessly into our professional and personal lives, the boundaries between business and personal data have blurred significantly. This evolution has introduced a host of legal...more
New year, new case law! In our January 2025 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to whether emojis constitute contract agreement, privilege status of text messages,...more
If you ask most legal professionals about discovery of data from mobile devices, the discussion typically turns to text messages. However, there are several other data types unique to mobile devices that are not only...more
In EEOC v. Formel D USA, Inc. (September 12, 2024), the U.S. District Court’s ruling underscored a critical lesson for litigators: failure to preserve electronically stored information (ESI) can lead to severe sanctions,...more
[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
When it comes to ensuring that data is preserved and available for litigation, investigations, or government inquiries, it all starts with establishing and codifying clear data governance policies and procedures....more
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
If you’ve been following my Case of the Week series, you know we’ve seen a rising trend of courts issuing harsh sanctions, including dismissal, for failure to preserve text messages and other data from mobile devices. This...more
Modern Musings and Present-Day Pitfalls for Protocols – Things We Didn’t Have to Consider 5 Years Ago - In some ways, the current day challenges with ESI Protocols are the same as they’ve been for years – counsel is...more
The amount of data stored on phones is overwhelming. In 95% of investigations, text messages and conversations are used as evidence sources. Investigators need to be able to be able to retrieve the full, comprehensive...more
The world of workforce communication looks vastly different from 2020, including an increased blur between personal and business communications due to remote work environments and access to instant messaging and...more
Uncovering the most amount of device data in a digital investigation is key to finding implicating evidence. In 95% of investigations, text messages and conversations are used as evidence sources. Corporate...more
After collecting, analyzing the volume of data found on devices can be overwhelming. Attorneys and eDiscovery practitioners need the ability to gather insights across a variety of data sources, especially third-party...more
Trent Livingston has been the CEO of ESI Analyst since 2018. Trent started his career as a software test engineer and developer at Microsoft before entering the eDiscovery marketplace in the early 2000s. He has since provided...more
Even when the need to preserve mobile data is clear, for clients who are not technical experts or who do not have technical experts on staff, how to go about actually preserving that data may not be so obvious. As legal...more
Over the last 18 months, our team has written numerous articles warning attorneys of various pitfalls when it comes to preserving data. We have encouraged our colleagues in the bar to take specific steps to avoid spoliation...more
If you are like most, you probably have 4-5 different chat applications on your phone to talk to friends and family members. Dad only likes to text via SMS, brother Peter only uses Facebook Messenger, Aunty Bridgette can...more
Historically focused on manually wading through large volumes of email and electronic documents, e-discovery is transforming in nuanced ways. Discovery of mobile devices, social media and other online applications raises...more
“What can you do to protect personal information when you collect data from a phone?” This is one of the most frequently asked questions of our forensics practice group....more
The importance of mobile device data in legal discovery, investigations, and other proceedings is ubiquitous and virtually indisputable. Mobile devices such as cellphones, smartphones, e-readers, and tablets pose a...more
There was a time when the only data you needed to collect in response to a discovery request was corporate email. Even if you received or sent work emails from your phone, this data would be located on a corporate server and...more
We’ve all been there. Your friends throw you in the pool with your phone in your pocket. You repeatedly slice your finger on shards of glass from your phone’s shattered screen. Or, maybe you forget your phone isn’t waterproof...more