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 …

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 …

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 …