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 …

Federal Rules Advisory Committee Provides Key Guidance on Authenticating Social Media Evidence

Recently, the Advisory Committee on the Federal Rules of Evidence published an important treatise, “Best Practices for Authenticating Digital Evidence.” The Advisory Committee is an arm of the Judicial Conference …

New Sedona Commentary Provides Guidelines for Defensible eDiscovery Collection and Early Data Assessment

The Sedona Working Group on Electronic Document Retention & Production (WG1), recently published for public comment a Commentary on Defense of Process: Principles and Guidelines for Developing and Implementing a …

LTN: Social Media Evidence Even More Important than email and “Every Litigator” Needs to Address It

Brent Burney, a top eDiscovery tech writer of Legaltech News, recently penned a detailed product review of X1 Social Discovery after his extensive testing of the software. (Social Media: A …

Defensible Custodian Self-Collection Now a Reality

eDiscovery collection and preservation efforts are often costly, time consuming and burdensome. Even worse, courts continue to routinely dish out punitive sanctions for ESI preservation failures. The volume of Electronically …

Hundreds of Thousands of Legal Cases Estimated to Address Social Media in 2016

As part of 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 …

Key Social Media Evidence Missed, Court Finds “No Justification” for Defense Counsel’s Failure to Perform Adequate Pre-Trial Social Media Investigation

Last week the US District Court of Appeals, 10th Circuit, affirmed a trial court’s ruling denying a motion for new trial based in part on newly discovered (post trial) social …

Recent Court Decisions, Key Industry Report Reveal Broken eDiscovery Collection Processes

  While the eDiscovery industry has seen notable advancements and gained efficiencies in widespread adoption of hosted document review and supporting technologies, the same is not yet true for the …

Full Disk Imaging is Expensive Overkill for eDiscovery Collection

Early in my tenure as co-founder at Guidance Software (EnCase), we commercialized full-disk imaging circa 2001 with EnCase Forensic edition, which was the first Windows-based computer forensics tool. EnCase Forensic …

Changing the Game for Rule 26(f) Meet and Confer Efforts with Pre-Collection Early Data Assessment

One of the most important provisions of the Federal Rules of Civil Procedure that impact eDiscovery is Rule 26(f), which requires the parties’ counsel to “meet and confer” in advance …

Court Bars Key Facebook Evidence in form of Screenshots for Lack of Authentication

Last week, the Louisiana appellate court, 4th Circuit, issued a written opinion in a felony criminal case disallowing key social media evidence due to a lack of authenticity. (State of …