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EDRM - Electronic Discovery Reference Model

Escaping Orwell’s Memory Hole: Why Digital Truth Should Outlast Big Brother

George Orwell warned us in his dark masterpiece Nineteen Eighty-Four how effortlessly authoritarian regimes could erase inconvenient truths by tossing records into a “memory hole”—a pneumatic chute leading directly to...more

Array

This Week in eDiscovery: Ethics in ESI Collection | Upcoming eDiscovery Events

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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 February 23-March 1. Here’s...more

Pagefreezer

eDiscovery Costs: Social Media Evidence & The $90,000 Lesson

Pagefreezer on

These days, ignoring social media evidence in investigations and litigation is akin to leaving a crucial witness unquestioned. But as the case of Federico v. Lincoln Military Housing demonstrates, navigating this terrain can...more

Pagefreezer

How to Capture Evidence on Facebook – Before it Disappears

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On January 7th, 2025, Meta announced they will be making major changes to content moderation policies on all their owned platforms, including Facebook: ending third-party fact-checking in the US in lieu of a new "Community...more

Cimplifi

Going Mobile: Mobile Device Data in Criminal Investigations

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While data from mobile devices is more frequently responsive in civil litigation than ever before, “true crime” aficionados know it’s routinely useful in criminal investigations. We take our devices with us and use them...more

Fox Rothschild LLP

Preparing for a TikTok Ban: What Employers Should Do to Ensure Access to Crucial Information Before It Disappears

Fox Rothschild LLP on

In recent years, TikTok has become a widely used platform for communication and content sharing, boasting nearly 2 billion users globally and 170 million active users in the U.S. alone. And while other social media platforms...more

EDRM - Electronic Discovery Reference Model

[Webinar] 2025 E-Discovery Optimization: Faster Insights with Modern Data Strategies - February 26th, 1:00 pm - 2:00 pm ET

Discover essential strategies and tips for effective data collection across diverse digital landscapes, including mobile devices, social media, and collaboration platforms. This webcast will delve into how legal teams can...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

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

Pagefreezer

How to Use Social Media in Fraud Investigations

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When it comes to investigating potential insurance fraud, social media platforms can be a tremendously useful resource....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

Array

This Week in eDiscovery: Impact of Recent Hyperlinked Attachment Decisions; Why eDiscovery Certification Matters

Array on

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 week of June 3-9. Here’s what’s...more

Pagefreezer

Dynamic ESI: eDiscovery Best Practices for Legal Professionals

Pagefreezer on

To shed light on the impact of managing of dynamic electronically stored information (ESI) on legal and compliance processes, Pagefreezer hosted a webinar featuring Mike Quartararo from ACEDS (Association of Certified...more

Association of Certified E-Discovery...

Navigating Social Media Discovery and Generative AI in the OpenAI ChatGPT Litigation

Introduction - Each week on the Case of the Week I choose a recent decision in ediscovery and talk to you about the practical applications of that case and what you need to be thinking about as you conduct discovery of ESI....more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for May - May 30th, 1:00 pm - 2:00 pm ET

Our latest six eDiscovery case law rulings MAY be our best ever! See what I did there? Our May 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes related to prolonged lack of cooperation in...more

EDRM - Electronic Discovery Reference Model

An Epilog: 4 Things You Never Wanted to Hear + 8 Lessons & a Dispute Over Revealing Recipients of Litigation Hold Notices, All in...

I have posted five blogs – – with links below – – on In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 1786293 (N.D. Cal. Feb. 20, 2024), subsequent opinion, 2024 WL 1808607 (N.D....more

EDRM - Electronic Discovery Reference Model

4 Things You Never Wanted to Hear + 8 Lessons & a Dispute Over Revealing Recipients of Litigation Hold Notices, All in One Case

In one of the opening paragraphs of In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 1786293, at *1 (N.D. Cal. Feb. 20, 2024), the court wrote: At the hearing, the Court...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

Association of Certified E-Discovery...

[Webinar] Leaping Forward: Evolving ESI Protocols Series - Part 2: Modern Pitfalls to Consider: Panel Discussion - April 18th,...

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

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for March 2024 - March 27th, 1:00 pm - 2:00 pm ET

Time to “spring” – into more eDiscovery case law! Our March 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes over in camera review of privilege logs, waiver of privilege over failing to...more

EDRM - Electronic Discovery Reference Model

And When I Die… What Happens to My Social Media? – – Part II

In a prior blog, And When I Die…. What Happens to My Social Media?, I discussed Maryland’s “Fiduciary Access to Digital Assets Act” (“MFADAA”). The statute permits the “user” of “digital assets” to authorize a designee to...more

Buckingham, Doolittle & Burroughs, LLC

Avoiding Trials on Social Media: Obtaining protective orders to prevent trying your case on social media (or online)

Discovery can be a harrowing and intrusive process for all litigants. As federal and state rules allow for broad discovery of information relevant to any party’s claims or defenses, individuals and business are compelled to...more

EDRM - Electronic Discovery Reference Model

And When I Die…. What Happens to My Social Media?

Like most other States, Maryland has enacted the “Fiduciary Access to Digital Assets Act.” The statute permits the “user” of “digital assets” to authorize a designee to access specified digital assets after the user’s death...more

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