Practice Tool: Sample FRE 902(14) Certification to Authenticate Social Media Evidence

Update: Law Firm Baker Hostetler has posted a good 902(14) model certification as well. As part of our continuing coverage of Federal Rule of Evidence 902(14), which goes into effect …

GDPR Compliance Requires Effective Enterprise eDiscovery Search and Analysis Capabilities

The European General Data Protection Regulation (GDPR), which will be in full force in May 2018, promises to profoundly impact global organizations, requiring the overhaul of their data audit and …

Federal Rule of Evidence 902(14) Will Especially Impact Social Media Evidence Preservation

On December 1, 2017, Federal Rule of Evidence 902(14) will go into effect, with a significant expected impact on social media evidence collection processes. To review, FRE 902(14) is a …

Microsoft Outlines its O365 eDiscovery Strategy

Earlier this month, Microsoft eDiscovery expert Rachi Messing, who manages Microsoft’s Office 365 eDiscovery platform, headlined a webinar hosted by D4, LLC, where he provided extensive insights into Microsoft’s compliance …

Canadian Court Admonishes Police for Submitting Facebook Screenshots as Evidence

In a terrorism case before the Supreme Court of British Columbia, a defendant currently faces charges for allegedly supporting and conspiring with the Islamic State of Iraq and Syria (“ISIS”). …

eDiscovery Tech Can Effectively Address Key Cybersecurity Requirements

Organizations spent an estimated 122.45 billion USD in 2016 on cybersecurity defense solutions and services, in a never-ending effort to procure better firewalls, anti-malware tools, and intrusion detection and prevention …

Microsoft Office 365 is Disrupting the eDiscovery Industry in a Major and Permanent Fashion

The adoption of cloud-based Microsoft Office 365 (“O365”) within enterprises is growing exponentially. According to a 2016 Gartner survey, 78 percent of enterprises use or plan to use Office 365, …

The Three Categories of eDiscovery Spoliation Sanctions

My last post discussed the important new Sedona Conference guidance, The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. The revised principles are compelling, providing …

Updated Sedona Principles Disfavor Forensic Imaging and Over-collection for Routine eDiscovery Preservation

Last week The Sedona Conference (“TSC”) published revisions for public comment to its very influential Sedona Principles:  The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic …

Key to Improving Predictive Coding Results: Effective ECA

Predictive Coding, when correctly employed, can significantly reduce legal review costs with generally more accurate results than other traditional legal review processes. However, the benefits associated with predictive coding are …

ILTA eDiscovery Survey Reflects Increased Social Media Discovery

The International Legal Technology Association recently published a very informative and comprehensive law firm eDiscovery practice survey “2016 Litigation and Practice Support Technology Survey.” ILTA received responses from 204 different …

Declining Law Firm Productivity Tied to Information Governance Challenges

A new legal industry study finds a substantial decline in attorney productivity in recent years, significantly reducing law firm profitability. In its 2017 Report on the State of the Legal …

Criminal Conviction Overturned Due to Failure to Authenticate Social Media Evidence

Under our ongoing effort to monitor legal developments concerning social media evidence, we again searched online legal databases of state and federal court decisions across the United States — this …

Judge Facciola Addresses Impact of New Federal Rule of Evidence 902(14)

As part of our continuing coverage and analysis of Federal Rule of Evidence 902(14), we are highlighting a  very notable Law Review article now available online, penned by Hon. Judge …

Federal Evidence Rule 902(14) is Immediately Applicable for ESI Collections

X1 and Reed Smith recently hosted a timely webinar on new Federal Rule of Evidence 902(14) and its expected impact on eDiscovery and computer forensics collection practices. Reed Smith senior …

New Federal Rule of Evidence to Directly Impact Computer Forensics and eDiscovery Preservation Best Practices

At X1, an essential component of our mission is to develop and support exceptional technology for collecting electronic evidence to meet eDiscovery, investigative and compliance requirements. It is also our …

Effective Information Governance Requires Effective Enterprise Technology

Information governance is the compilation of policies, processes, and controls enforced and executed with effective technology to manage electronically stored information throughout the enterprise. Leading IT industry research firm Gartner …