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Evidence Data Collection Data Preservation

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Exploring the Future of Legal Innovation at The Masters Conference: Thought Leadership in D.C. and Social Media in Discovery and...

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On Thursday, April 10, 2025, legal and technology professionals gathered at Arnold & Porter in Washington, D.C. for an inspiring day of discussion, collaboration, and community during The Masters Conference Thought Leadership...more

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

Adler Pollock & Sheehan P.C.

Advantages and Limitations of Dash Cam Footage in Motor Vehicle Accident Cases

In recent years, more and more businesses and individuals are using dash cameras in their vehicles. These cameras generally point forward through the windshield of a vehicle and record footage which can be saved and accessed...more

Minerva26

The Cost of Ignoring Mobile Device Discovery

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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

EDRM - Electronic Discovery Reference Model

Another Approach to Drafting and Discovery of Litigation Hold Notices

By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. In Homeland Ins. Co. of Del. v. Independent Health Ass’n., Inc., 2025...more

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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

Purpose Legal

Understanding the Basics of eDiscovery Processing

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In today’s digital world, the way we handle information has transformed dramatically. With this transformation, eDiscovery has become an essential part of legal proceedings and investigations. Whether you’re involved in a...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

Minerva26

The eDiscovery Disconnect: Why Litigators Must Take the Lead

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Seven years ago, I wrote an article about what I called the eDiscovery Disconnect—the gap between the work being done on data and the legal strategy that drives discovery. Unfortunately, not much has changed since then, but...more

TransPerfect Legal

From Paper to Pixels: The Evolution and Power of eDiscovery in Modern Legal Practice

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We live in an era of ‘big data.’ According to the International Telecommunications Union, more than three-quarters of the world’s population own a mobile phone. The same statistics apply for computer and internet use....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

Association of Certified E-Discovery...

The Critical Role of Manner of Production in Litigation

Last week’s decision in Partners Insight, LLC v. Gill (M.D. Fla., October 28, 2024) tackles an often-overlooked yet essential aspect of ediscovery: manner of production. While much of our focus in ediscovery tends to be on...more

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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

Association of Certified E-Discovery...

[Event] eDiscovery Convergence 2024: From Basics to Breakthroughs in eDiscovery - November 20th, Toronto, ON, Canada

Join Us for eDiscovery Convergence 2024! This event is proudly hosted by the Ontario Digital Evidence and eDiscovery Working Group (DEED) and the Toronto Chapters of The Association of Certified eDiscovery Specialists...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

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

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

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

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Spoliation, Sanctions, and Staying Social Media Savvy

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Social media has changed the way we share ideas, the way we get our news, the way we make purchases, and the way we conceptualize ourselves and our community. It has changed the way we keep in touch with our friends and...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

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...

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

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

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