Social Media Evidence Proves Essential in Recent High-Stakes Trademark Infringement Matters

Recent court decisions reflect how social media evidence can play an important role in establishing actual confusion in a trademark infringement lawsuit. With the rise of social media, businesses and …

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 …

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. …

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 …

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). …

Pre-Collection Keyword Searches: Where Angels May Fear to Tread but Not Attorneys with the Right eDiscovery Software

One of the key cases involving the principles of proportionality under Federal Rule of Civil Procedure 26(b)(1), is McMaster v. Kohl’s Dep’t Stores, Inc., (E.D. Mich. July 24, (2020).  McMaster …

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

Relativity and X1 have published a joint legal whitepaper on the topic of full-disk imaging as a disfavored collection practice in civil litigation, with Relativity eDiscovery attorney David Horrigan as …

X1 Social Discovery Case Law Update

  X1 Social Discovery had a key mention in a US Federal Court decision published last week. Edwards v. Junior State of America Foundation, No. 4:19-CV-140-SDJ, (US Dist. CT, E.D. …

On TAP: Targeted, Automated, and Proportional Collection for Modern e-Discovery

Proportionality is now the hottest legal issue in the area of eDiscovery, with the largest number of eDiscovery-related cases in the past year addressing the subject. eDiscovery attorney Kelly Twigger …

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 …

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 …

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 …

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 …