Practice Tool: Sample FRE 902(14) Certification to Authenticate Social Media Evidence

Update: Law Firm Baker Hostetler has posted a good 902(14) model certification as well. As part of our continuing coverage of Federal Rule of Evidence 902(14), which goes into effect …

GDPR Compliance Requires Effective Enterprise eDiscovery Search and Analysis Capabilities

The European General Data Protection Regulation (GDPR), which will be in full force in May 2018, promises to profoundly impact global organizations, requiring the overhaul of their data audit and …

Microsoft Outlines its O365 eDiscovery Strategy

Earlier this month, Microsoft eDiscovery expert Rachi Messing, who manages Microsoft’s Office 365 eDiscovery platform, headlined a webinar hosted by D4, LLC, where he provided extensive insights into Microsoft’s compliance …

Microsoft Office 365 is Disrupting the eDiscovery Industry in a Major and Permanent Fashion

The adoption of cloud-based Microsoft Office 365 (“O365”) within enterprises is growing exponentially. According to a 2016 Gartner survey, 78 percent of enterprises use or plan to use Office 365, …

The Three Categories of eDiscovery Spoliation Sanctions

My last post discussed the important new Sedona Conference guidance, The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. The revised principles are compelling, providing …

Key to Improving Predictive Coding Results: Effective ECA

Predictive Coding, 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 predictive coding are …

Declining Law Firm Productivity Tied to Information Governance Challenges

A new legal industry study finds a substantial decline in attorney productivity in recent years, significantly reducing law firm profitability. In its 2017 Report on the State of the Legal …

Criminal Conviction Overturned Due to Failure to Authenticate Social Media Evidence

Under our ongoing effort to monitor legal developments concerning social media evidence, we again searched online legal databases of state and federal court decisions across the United States — this …

Federal Evidence Rule 902(14) is Immediately Applicable for ESI Collections

X1 and Reed Smith recently hosted a timely webinar on new Federal Rule of Evidence 902(14) and its expected impact on eDiscovery and computer forensics collection practices. Reed Smith senior …

Federal Rules Advisory Committee Provides Key Guidance on Authenticating Social Media Evidence

Recently, the Advisory Committee on the Federal Rules of Evidence published an important treatise, “Best Practices for Authenticating Digital Evidence.” The Advisory Committee is an arm of the Judicial Conference …

New Sedona Commentary Provides Guidelines for Defensible eDiscovery Collection and Early Data Assessment

The Sedona Working Group on Electronic Document Retention & Production (WG1), recently published for public comment a Commentary on Defense of Process: Principles and Guidelines for Developing and Implementing a …

Defensible Custodian Self-Collection Now a Reality

eDiscovery collection and preservation efforts are often costly, time consuming and burdensome. Even worse, courts continue to routinely dish out punitive sanctions for ESI preservation failures. The volume of Electronically …

Recent Court Decisions, Key Industry Report Reveal Broken eDiscovery Collection Processes

  While the eDiscovery industry has seen notable advancements and gained efficiencies in widespread adoption of hosted document review and supporting technologies, the same is not yet true for the …

Full Disk Imaging is Expensive Overkill for eDiscovery Collection

Early in my tenure as co-founder at Guidance Software (EnCase), we commercialized full-disk imaging circa 2001 with EnCase Forensic edition, which was the first Windows-based computer forensics tool. EnCase Forensic …

SEARCH REVEALS HUNDREDS OF IMPROPER JUROR SOCIAL MEDIA POSTS PER DAY (PART 2)

In response to our post two weeks ago identifying widespread social media abuse by jurors that could quite possibly lead to mistrials, a frightened prosecutor and others have inquired about …

Print Screen for Social Media Evidence: Not Defensible and Also Very Expensive

As we often note on this blog, courts continue to routinely find that the testimony of an individual who merely printed a copy of a social media webpage is insufficient …

X1’s Enterprise Search Webinar Takeaways

by Barry Murphy Last week, I had the pleasure of participating in a webinar on enterprise search and how to do it in a way that actually works.  Early feedback …