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 …

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 …

Relativity Product Team Highlights Compelling X1 Integration for ESI Collection

Recently we hosted a webinar with Relativity highlighting the very compelling integration of our X1 Distributed Discovery platform with the RelativityOne Collect solution. This X1/Relativity integration enables game-changing efficiencies in …

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 …

Web Collection With Legitimate Public Policy Purpose Deemed Legal and Proper by Federal Courts

By John Patzakis Social Media evidence collection for judicial and compliance purposes can involve web collection techniques using artificial or “examiner” accounts in order to access and collect public information. …

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 …