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 …

True Enterprise-Wide eDiscovery Collection is Finally Here

My previous post discussed the inability of any software provider to solve a critical need by delivering a truly scalable eDiscovery preservation and collection solution that can search across thousands …

Enterprise eDiscovery Collection Remains Costly and Inefficient

2016 marks my sixteenth year as a senior executive in the eDiscovery business. I began my career as a co-founder at Guidance Software (EnCase), serving as General Counsel, CEO and …

Leveraging Analytics for Social Media Investigations

Professional digital investigations often involve hundreds of thousands of items of disparate information. Many of our X1 Social Discovery customers report collecting and searching through over a million social media …

SEARCH REVEALS HUNDREDS OF IMPROPER JUROR SOCIAL MEDIA POSTS PER DAY (PART 2)

In response to our post two weeks ago identifying widespread social media abuse by jurors that could quite possibly lead to mistrials, a frightened prosecutor and others have inquired about …

Search Reveals Hundreds of Improper Juror Social Media Posts Per Day

The Federal Judicial Center (“FJC”) recently published a report surveying 952 federal district court judges to identify the scope of jurors’ improper use of social media during trial and how …

Print Screen for Social Media Evidence: Not Defensible and Also Very Expensive

As we often note on this blog, courts continue to routinely find that the testimony of an individual who merely printed a copy of a social media webpage is insufficient …

New FRCP Rule 37(e) Calls Out Importance of Social Media Evidence

By John Patzakis A new version of Federal Rule of Civil Procedure 37(e) goes into effect December 1, 2015, barring an unexpected act of Congress to amend or rescind the …

A Series of Firsts: How X1 Sets the Standard for the New Enterprise Search Market

by Barry Murphy The new world of IT demands that enterprise software support varying infrastructures – traditional managed data centers, the cloud, hybrid and virtual environments.  As a result, old-school …

X1 Wins Key Honor at VMworld: 3rd Major Award for 2015

By John Patzakis and Barry Murphy X1 continues to garner widespread acclaim in 2015 for providing enterprise end-users with the fastest, easiest-to-use, cloud-enabled enterprise search software from any device through …

Mobile Productivity Now a Reality Thanks to X1 Search Mobile

X1 is exhibiting at VMworld this week and it is impossible to avoid the theme of mobility.  There is a whole track at the conference devoted to “the mobile enterprise.”  …

Gibson Dunn Report: Number of Cases Involving Social Media Evidence “Skyrocket”

By John Patzakis Global law firm Gibson Dunn has released their esteemed 2015 Mid-Year eDiscovery and Information Law Update. In a section dedicated to social media, the Gibson Dunn update reports that …

X1 Social Discovery Available as a Hosted Solution

X1 Social Discovery is the leading social media and website collection, preservation, and ECA tool on the market.  Customers love it for many reasons: Defensibility: MD5 hash values of individual …