Windows Can’t Find My OneDrive Files
By Bruce Berls(originally published August 20, 2020) Editor’s note: Today we are featuring a guest blog post from Bruce Berls, an independent IT Consultant and Office 365 expert. He …
Intelligent ESI Collection Integrated with Relativity Can Cut eDiscovery Costs by 90 Percent
One of the biggest drivers of excessive eDiscovery costs is ESI over-collection. This in turn leads to a larger amount of data entering the processing and initial review funnel. These …
Federal Judge: Custodian Self-Collection of ESI is Unethical and Violates Federal Rules of Civil Procedure
In E.E.O.C. v. M1 5100 Corp., (S.D. Fla. July 2, 2020), Federal District Judge Matthewman excoriated defense counsel for allowing the practice of unsupervised custodian ESI self-collection, declaring that the practice …
Another Criminal Conviction Overturned Due to Failure to Authenticate Social Media Evidence
The Supreme Court of Vermont overturned a felony conviction due to the prosecutions’ failure to properly authenticate social media evidence, finding that the printed records subpoenaed directly from Facebook were …
Lawson v. Spirit Aerosystems: Federal Court Blasts “Bloated” ESI Collection, Rendered TAR Ineffective
Technology Assisted Review (TAR), when correctly employed, can significantly reduce legal review costs with generally more accurate results than other traditional legal review processes. However, the benefits associated with TAR …
How to Implement an Effective eDiscovery Search Term Strategy
By Mandi Ross and John Patzakis A key Federal Rules of Civil Procedure provision that greatly impacts eDiscovery processes is Rule 26(f), which requires the parties’ counsel to “meet and …
True Proportionality for eDiscovery Requires Smart Pre-Collection Analysis
Proportionality-based eDiscovery is a goal that all judges and corporate attorneys want to attain. Under Federal Rule of Civil Procedure 26(b)(1), parties may discover any non-privileged material that is relevant …
Remote Collection: The Apple Pay of eDiscovery in a COVID-19 World
I often continue doing things just because that’s the way I’ve always done them. There is a level of comfort that comes from familiarity, and to be honest as I …
How the Remote Workforce Impacts GDPR and CCPA Compliance
While our personal and business lives will hopefully return to normal soon, COVID-19 is only accelerating the trend of an increasingly remote and distributed workforce. This “new normal” will necessitate …
Remote ESI Collection and Data Audits in the Time of Social Distancing
The vital global effort to contain the COVID-19 pandemic will likely disrupt our lives and workflows for some time. While our personal and business lives will hopefully return to normal …
X1 Integrates Social Media and Web Evidence Collections into Relativity
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 immeasurably …
Court Compels Forensic Imaging of Custodian Computer, Imposes Sanctions Due to Non-Defensible eDiscovery Preservation Process
HealthPlan Servs., Inc. v. Dixit, et al., 2019 WL 6910139 (M.D. Fla. Dec. 19, 2019), is an important eDiscovery case addressing what is required and expected from organizations to comply …
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 Social Media evidence collection for judicial and compliance purposes can involve web collection techniques using artificial or “examiner” accounts in order to access and collect public information. …
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 …
