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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

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

Pagefreezer

How Optical Character Recognition (OCR) Revolutionizes eDiscovery and Online Investigations

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Businesses generate documentation and data at a rapid pace, both on and offline. Industries like banking and the financial sector regularly manage thousands of different types of documents. Keeping up with this cumulative...more

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5 Essential Steps to Improving Information Governance

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There’s nothing quite like a global shift to remote and hybrid work to highlight gaps and inefficiencies in an organization’s information governance (IG) strategies. In the last 5 years, there has been an explosion of...more

Epiq

Six Challenges When Collecting Social Media Artifacts for eDiscovery Litigation

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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

The New Term “Slop” Joins “Spam” in Our Vocabulary

Introduction - As the granddaughter of two Alabama farmers, the word “slop” evokes images of something with little value. In today’s digital landscape, avoiding AI-generated content is nearly impossible, akin to dodging...more

EDRM - Electronic Discovery Reference Model

The Global Struggle Against Deepfake Technology: A Critical Overview

Complex Discovery Editor’s Note: The rapid evolution of deepfake technology, a sophisticated byproduct of artificial intelligence, has emerged as a significant challenge within digital media landscapes, affecting sectors from...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

Overcoming Technological Hurdles in Legal Investigations

The rapid pace of technological advancement poses significant challenges in eDiscovery and legal proceedings, particularly when it involves extracting data from a variety of devices. Solutions that fail to evolve alongside...more

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8 Reasons Team Collaboration Tools Have Completely Changed eDiscovery

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The sudden mass transition to remote work in 2020 catalyzed an unprecedented reliance on team collaboration platforms like Microsoft Teams, Slack, and Workplace by Meta. Years later, we’re still grappling with this vast,...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

October’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published October 18, 2023 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

How to Back up Twitter Step by Step

With the turbulance at Twitter, I decided to back up my outgoing tweets, followers and my lists I use to curate news. This exercise can be used for archiving, disaster recovery, or for preservation purposes. The archive that...more

Epiq

AACER and PACER May Sound Alike, But that is Where the Similarities End

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Anyone with experience in the business of bankruptcy is likely familiar with PACER (Public Access to Court Electronic Records), the search tool for accessing federal court documents. So what sets similarly-named AACER apart...more

Bailey & Glasser, LLP

Strong Litigation Strategy Requires Updated Policies for Remote Workers

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Instant messaging apps and online workspaces offer collaboration and production capabilities for teams dispersed by COVID-19, but they also pose a danger to companies operating in reasonable anticipation of litigation, with...more

Fox Rothschild LLP

The California AG’s CCPA Regulations Final Statement Of Reasons: Key Takeaways

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California Attorney General Xavier Becerra has submitted a final California Consumer Privacy Act (CCPA) regulations package. The final version is essentially identical to version three of the regulations released in early...more

Hanzo

There’s No One “Right” Version of an Emoji: A Conversation With Eric Goldman

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Eric Goldman, an Internet law professor, gives us an overview of emoji law, including the pros—more precise and nuanced communication—and the cons—more ambiguity and room for misinterpretation. Eric Goldman is a Professor at...more

Faegre Drinker Biddle & Reath LLP

Authenticating Social Media Evidence at Trial

Social media is ubiquitous in our cyber-connected world. For many, the first thing a person does when they wake up, and the last thing that person does when they go to bed is read, post, or otherwise interact with platforms...more

Hanzo

“I Can’t Believe It’s Not Live!” Why Native-Format Web Archives Make for Persuasive Evidence

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Every litigator yearns for that Perry Mason moment, when we calmly introduce the critical evidence that abruptly changes the course of our trial. Our dog-loser case transforms, as if by magic, into a rock-solid winner winner...more

Hanzo

Do You Have FOMO? You Should—If You’re Not Finding and Collecting Dynamic Web Evidence

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Do you have FOMO? And do you have FOMO about the right things? Fear of missing out (FOMO) is a pervasive problem in our always-connected world. The Oxford English Dictionary defines FOMO as the “anxiety that an exciting or...more

Hanzo

Case Law Summary: Are “Private” Facebook Posts Discoverable?

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In the recent case of Forman v. Henkin, the New York Court of Appeals ruled that “private” Facebook posts were subject to the standard rules of discovery....more

Hanzo

[Webinar] Enterprise Slack: Stay Sane and Secure While Managing Your Ediscovery and Compliance Risk - January 10th, 1:30pm ET

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Slack is a widely adopted collaboration tool for enterprises around the globe that is taking over a fare share of email communications. Many corporations have their playbook all set for standard communications platforms like...more

Robins Kaplan LLP

What’s Happening? The Impact of FRE 902(14) on eDiscovery.

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Be careful what you post on  the Internet. Not everyone listens to this warning, and those who ignore it could see their posts, tweets, shares, and likes front and center — in court....more

K2 Integrity

Tweet, Tweet, Tweet: More Than the Little Twitter Birds Are Reading - The Unintended Consequences of Social Media

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As social media platforms and apps such as Twitter, WhatsApp, Facebook, Instagram, SnapChat, and YouTube become increasingly enmeshed in the fabric of our lives, the unintended consequences of their use cannot be overstated. ...more

Fisher Phillips

Private Facebook Posts Could Be Fair Game For Discovery

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New York’s highest court recently held that social media users may be required to turn over information from their accounts—regardless of the user’s chosen privacy settings—as part of the discovery process (Forman v. Henkin)....more

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