Rule of Evidence 902(13)(14) Update: States Begin Adoption, First Case Citations

Federal Rule of Evidence 902(13)(14) is now in effect and is already significantly impacting computer forensics and eDiscovery collection practices. We are now seeing multiple case citations of FRE 902(13)(14) …

5 Key Takeaways From The Sedona Conference’s Social Media eDiscovery Primer

The Sedona Conference® (“TSC”) has just published the 2nd edition of their very useful Primer on Social Media. Sedona is a very influential organization so this is an important development further underscoring …

Collection 2.0: Has Anything Improved Since 2008?

Way back in the nascent years of eDiscovery – let’s say the early 2000s – the industry was a hodge-podge of processes, many of which were still paper-based.   I distinctly …

Three Key eDiscovery Preservation Lessons from Small v. University Medical Center

Small v. University Medical Center is a recent 123-page decision focused exclusively on issues and challenges related to preservation of electronically stored information in a large enterprise. Its an important ESI …

Dark Web Evidence Critical to all Cyber Investigations and Many eDiscovery matters

The dark web is a component of the World Wide Web that is only accessible through special software or configurations, allowing users and website operators to remain anonymous or untraceable. …

X1 Announces Strategic Product Integration with Relativity

Today we are announcing some exciting news. Our X1 enterprise eDiscovery solution now integrates with Relativity, the industry leading e-discovery platform. X1 Distributed Discovery, a component of the X1 Enterprise …

Changing the Game for Rule 26(f) Meet and Confer Efforts with Pre-Collection Early Data Assessment

One of the most important provisions of the Federal Rules of Civil Procedure that impact eDiscovery is Rule 26(f), which requires the parties’ counsel to “meet and confer” in advance …

True Enterprise-Wide eDiscovery Collection is Finally Here

My previous post discussed the inability of any software provider to solve a critical need by delivering a truly scalable eDiscovery preservation and collection solution that can search across thousands …

Enterprise eDiscovery Collection Remains Costly and Inefficient

2016 marks my sixteenth year as a senior executive in the eDiscovery business. I began my career as a co-founder at Guidance Software (EnCase), serving as General Counsel, CEO and …

Social Discovery Requires An Investigative Platform

by Barry Murphy Recent cases, such as the one John Patzakis blogged about last week and the case in Michigan where Facebook content led to the arrest of child-beaters, have …

Delaware Court Affirms Conviction Based on Facebook Evidence

by John Patzakis Tiffany Parker and Sheniya Brown of Wilmington, Delaware, exchanged heated messages on Facebook over a mutual love interest, and the conflict escalated considerably when they subsequently encountered …

Highlights from Reed Smith’s SharePoint eDiscovery Webinar

by John Patzakis Reed Smith recently hosted an excellent webinar on SharePoint eDiscovery challenges, led by Patrick Burke with the firm’s eDiscovery team. The webinar featured a substantive and detailed …

Judge Grimm’s Important Guidance on Social Media Evidence Authentication

Recently, Federal District Court Judge Paul Grimm and two of his law clerks published an excellent and comprehensive legal article: “Authentication of Social Media Evidence,” American Journal of Trial Advocacy, …

Highlights from Amazon’s Cloud eDiscovery and Search Webinar

Recently, Amazon Web Services (AWS) hosted a first of its kind webinar by a major cloud provider addressing the topics of eDiscovery and enterprise search. The webinar showcased solutions that …

No Legal Duty or Business Reason to Boil the Ocean for eDiscovery Preservation

As an addendum to my previous blog post on the unique eDiscovery and search burdens associated with the de-centralized enterprise, one tactic I have seen attempted by some CIOs to …

Authenticating Internet Web Pages as Evidence: a New Approach

By John Patzakis and Brent Botta In recent posts, we have addressed the issue of evidentiary authentication of social media data. (See previous entries here and here). General Internet site …

Case Study: The Importance of Integrated Social Media and Website Crawling Collection

One of the benefits of the very strong market adoption of our X1 Social Discovery software is that we receive a significant amount of invaluable and excellent customer feedback from …

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