Key eDiscovery Trends 2023

Move to the Left and Targeted Collection Featured Widely as a Key 2023 eDiscovery Trend

It is prediction season for trends in the eDiscovery space for 2023. While many good eDiscovery scribes have published their prognostications in recent days, the annual predictions and overall analysis …

Significant Microsoft 365 eDiscovery Challenges Require a New Approach

The adoption of cloud-based Microsoft 365 (“MS 365”) by enterprises continues to grow exponentially, with the company recently reporting 300 million monthly active users, and the addition of over 100 petabytes of …

10 Unique and Compelling Features of X1 Social Discovery

The legal field is seeing very strong demand for social media evidence collection software and services. However, Facebook, the most widely used social media platform, recently rolled out a completely …

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 …

Flawed Collection Methods Prevent TAR and Other Applications of Analytics on Social Media Evidence

Every litigator and eDiscovery practitioner is aware of the critical importance of analytics as a tool to support their cases. AI-driven analytics supercharges compliance investigations, data security, privacy audits, and …

5 Reasons Why Native Format Collection is Essential for 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 …

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 …

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 …

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). …

Social Media Algorithms Foster Relevant Evidence in Litigation

Recently I participated in a webinar on technology and politics sponsored by USC Center for the Political Future. I mostly managed to steer clear of the political discussion and instead …

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 …

eDiscovery Services Are Undergoing a Major Transformation

Recent research from industry analyst Greg Buckles at the eDiscovery Journal highlights soaring valuations for eDiscovery tech firms. For the first time in the history of the industry, multiple eDiscovery …

Facebook Groups are an Important Source of Electronic Evidence

Facebook Groups are moderated online forums on the social media giant’s platform where often thousands of users engage with and share content with others. The groups can be either private …

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 …