USDOJ Expects Companies to Proactively Employ Data Analytics to Detect Fraud

By John Patzakis and Craig Carpenter In corporate fraud enforcement actions, The US Department of Justice considers the effectiveness of a company’s compliance program as a key factor when deciding whether …

Overcoming Evidentiary Challenges to Social Media Evidence

As succinctly noted by The Florida Bar Association in its publication, Florida Law Journal: “Social media is everywhere. Nearly everyone uses it. Litigants who understand social media–and its benefits and limitations–can …

Web Collection With Legitimate Public Policy Purpose Deemed Legal and Proper by Federal Courts

By John Patzakis and Craig Carpenter Social Media evidence collection for judicial and compliance purposes can involve web collection techniques using artificial or “examiner” accounts in order to access and …

Social Media Statements: Key Evidence and Often Exceptions to the Hearsay Rule

Here is a quick legal evidence quiz: Identify the three distinct hearsay exceptions in the following Tweet:   The first exception would be under Federal Rule of Evidence 803(2): “Rule …

In-Place Data Analytics For Unstructured Data is No Longer Science Fiction

AI-driven analytics supercharges compliance investigations, data security, privacy audits and eDiscovery document review.  AI machine learning employs mathematical models to assess enormous datasets and “learn” from feedback and exposure to …

Want Legal to Add A LOT More Value? Stop Over-Collecting Data

The 2019 CLOC (Corporate Legal Operations Consortium) Conference ended last week, and by all accounts it was another great event for an organization that continues to gain relevance and momentum.  …

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 …