Government Regulators Reject “Paper” Corporate Compliance Programs Lacking Actual Enforcement

Recently, US Government regulators fined Stanley Black & Decker $1.8m after its subsidiary illegally exported finished power tools and spare parts to Iran, in violation of sanctions. The Government found …

Rule of Evidence 902(13)(14) Update: States Begin Adoption, First Case Citations

Federal Rule of Evidence 902(13)(14) is now in effect and is already significantly impacting computer forensics and eDiscovery collection practices. We are now seeing multiple case citations of FRE 902(13)(14) …

GDPR Fines Issued for Failure to Essentially Perform Enterprise eDiscovery

The European General Data Protection Regulation (GDPR) came into full force in May 2018. Prior to that date, what I consistently heard from most of the compliance community was general …

5 Key Takeaways From The Sedona Conference’s Social Media eDiscovery Primer

The Sedona Conference® (“TSC”) has just published the 2nd edition of their very useful Primer on Social Media. Sedona is a very influential organization so this is an important development further underscoring …

New York Appellate Court Allows “Data Mining” of Social Media accounts for Relevant Information

The New York Appellate Division allowed discovery into the non-public information of the social media accounts of a former professional basketball player relevant to his personal injury claims arising out …

In addition to TAR, CAR Can Dramatically Reduce Attorney Review Costs

eDiscovery efforts are often costly, time consuming and burdensome. The volume of Electronically Stored Information is growing exponentially and will only continue to do so. Even with the advent of …

eDiscovery Collection 3.0: Much Better, Much Faster, Much Cheaper

In his recent blog post, X1 CEO Craig Carpenter discussed the inability of any software provider to solve a critical need by delivering a truly scalable eDiscovery preservation and collection …

Three Key eDiscovery Preservation Lessons from Small v. University Medical Center

Small v. University Medical Center is a recent 123-page decision focused exclusively on issues and challenges related to preservation of electronically stored information in a large enterprise. Its an important ESI …

Dark Web Evidence Critical to all Cyber Investigations and Many eDiscovery matters

The dark web is a component of the World Wide Web that is only accessible through special software or configurations, allowing users and website operators to remain anonymous or untraceable. …

When your “Compliance” and eDiscovery Processes Violate the GDPR

Time to reevaluate tools that rely on systemic data duplication The European Union (EU) General Data Protection Regulation (GDPR) became effective in May 2018. To briefly review, the GDPR applies to the …

Assessing GDPR 30 Days In: A Report from the Field

Enforcement of the EU General Data Protection Regulation (GDPR) began May 25, 2018, and this new development is significantly reshaping the information governance landscape for organizations worldwide that control, process …

X1 Announces Strategic Product Integration with Relativity

Today we are announcing some exciting news. Our X1 enterprise eDiscovery solution now integrates with Relativity, the industry leading e-discovery platform. X1 Distributed Discovery, a component of the X1 Enterprise …

Data Discovery “Is the Foundation of GDPR Compliance”

Recently, I attended a very informative Microsoft GDPR Summit in Redmond, Washington. Microsoft invited their key compliance partners to brief them on Microsoft’s strong support for GDPR compliance within their …

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 …

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 …

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 …