Facebook Download Your Information Function Omits Significant Amounts of Evidence

By John Patzakis and Brent Botta Facebook provides a “Download Your Information” (“DYI”) function to allow users to download to their computer data they have posted to their own accounts. …

Microsoft Breaks Search For Office 365

Last weeks’ guest blog post by Office 365 expert and independent consultant Bruce Berls clearly outlined why Windows search effectively does not work for business productivity search. Berls, from his …

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. …