Significant Microsoft 365 eDiscovery Challenges Require a New Approach

The adoption of cloud-based Microsoft 365 (“MS 365”) by enterprises continues to grow exponentially, with the company recently reporting 300 million monthly active users, and the addition of over 100 petabytes of …

10 Unique and Compelling Features of X1 Social Discovery

The legal field is seeing very strong demand for social media evidence collection software and services. However, Facebook, the most widely used social media platform, recently rolled out a completely …

Proportionality in eDiscovery is Ideal, but Difficult to Realize Without an Optimized Process

(Originally Published October 24, 2022 by JD Supra and EDRM) Proportionality-based eDiscovery is a goal that all corporate litigants seek to attain. Under Federal Rule of Civil Procedure 26(b)(1), parties …

Flawed Collection Methods Prevent TAR and Other Applications of Analytics on Social Media Evidence

Every litigator and eDiscovery practitioner is aware of the critical importance of analytics as a tool to support their cases. AI-driven analytics supercharges compliance investigations, data security, privacy audits, and …

The Traditional Workplace is Not Coming Back, with Major Implications for eDiscovery

The world has in many ways returned to life as it was prior to the pandemic. Restaurants and hotels are packed again. Children are all back in their classrooms. Rock …

5 Reasons Why Native Format Collection is Essential for 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 …

Proportionality Focus Presents Challenges and Opportunities for eDiscovery Service Providers

Proportionality is now the hottest legal issue involving eDiscovery, with the largest number of eDiscovery-related cases in the past year addressing the subject. Relativity eDiscovery attorney David Horrigan recently led …

Important SaaS Architecture Considerations for Legal Tech Software

With nearly all eDiscovery software now being offered on a SaaS basis, the cloud architecture decisions supporting the vendor’s platform are pivotal. Decisions on architecture design can lead to either …

Relativity and X1 Publish Updated Joint Legal Whitepaper on ESI Collection Best Practices

Relativity and X1 have published an updated joint legal whitepaper addressing full-disk imaging as a disfavored collection practice in civil litigation, with Relativity eDiscovery attorney David Horrigan as the lead author. …

Industry Experts: Proportionality Principles Apply to ESI Preservation and Collection

Under Federal Rule of Civil Procedure 26(b)(1), parties may discover any non-privileged material that is relevant to any party’s claim or defense and proportional to the needs of the case. …

Usage-Based Pricing Model Increasingly Driving eDiscovery Software Growth

Legal Tech software CEOs often grapple with two competing challenges: Growing revenue in a manner that supports how customers buy their products for their individual cases, while at the same time maximizing …

Case Law Update: Federal Court Endorses Targeted Search Term Based ESI Collection

A recent decision from the Southern District of New York provides that the parties’ have obligations to conduct reasonable searches during discovery, but such searches may be targeted. The court …

ILTA eDiscovery Survey Highlights Targeted ESI Collection as the Preferred Methodology

The International Legal Technology Association (ILTA) recently published a very informative and comprehensive law firm eDiscovery practice survey, “2021 Litigation and Practice Support Survey.” ILTA received responses from litigation support …

Post Pandemic, Corporate eDiscovery Undergoes a Permanent Paradigm Shift

While the pandemic disrupted the workplace during its height, it is now becoming clear that a more permanent transformation has taken place. Employees and their electronic information assets are far more …

How X1 Social Discovery Uniquely Meets the Challenge of Social Media Evidence Collection

Social media and other web-based data is relevant to nearly every legal case and investigation. The high volume of relevant social media evidence means that lawyers are under an ethical duty …

Case Law Update: Social Media Screenshots Held Inadmissible Under the Best Evidence Rule

The most important case of 2021 so far concerning social media evidence is arguably Edwards v. Junior State of America Foundation, No. 4:19-CV-140-SDJ, (US Dist. CT, E.D. Texas April 23, 2021). …

Social Media Algorithms Foster Relevant Evidence in Litigation

Recently I participated in a webinar on technology and politics sponsored by USC Center for the Political Future. I mostly managed to steer clear of the political discussion and instead …