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 …

Index and Search In-Place Workflows Key to Reducing eDiscovery Costs and Risks

Most core eDiscovery costs (outside of attorney review) stem from over-collection of electronically stored information (ESI). While direct collection costs can seem inexpensive, law firm Nelson Mullins notes that “over …

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 …

Industry Experts from Relativity and Insight Optix Discuss Operationalizing Proportionality

  Industry experts including Relativity eDiscovery attorney David Horrigan, Relativity Product Manager Greg Evans and Insight Optix CEO Mandi Ross addressed utilizing cutting-edge ESI collection processes and technologies to effectuate …

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 …

Full Disk Imaging Not Required for eDiscovery Collections

In Fact, Courts and Legal Commentators Disfavor the Practice     By John Patzakis[1]   The collection and preservation of Electronically Stored Information (ESI) in the enterprise remains a significant …

Traditional eDiscovery Processing is Now Obsolete

  eDiscovery can be a very expensive process and time consuming when traditional methods are employed. With legacy processes, from the time ESI collection starts, it often takes weeks for …

Compelling Case Study for Remote eDiscovery Collection in a High-Stakes Litigation

While our personal and business lives will hopefully return to normal soon, the trend of an increasingly remote and distributed workforce is here to stay. This “new normal” necessitates updated …

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. …

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 …

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 …

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