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Data Preservation Legal Technology Evidence

Association of Certified E-Discovery...

Cracking the Code on ESI

The volume of “documents” relevant to litigation and government investigations has exploded due to electronic data, leading to a significant shift in the discovery process. What once required a trip to a client’s filing...more

Brownstein Hyatt Farber Schreck

What Businesses Need to Know About Colorado’s New Pre-Complaint Preservation Standard

In a recent opinion, the Colorado Supreme Court set a new standard for preserving evidence even before litigation begins....more

Cimplifi

Chess, Not Checkers: Negotiating from a Position of Power

Cimplifi on

ESI protocols have become an important tool for getting parties “on the same page” regarding how discovery will be conducted. While they aren’t necessarily appropriate for every case, they are a vital tool in helping to...more

Pagefreezer

The Fragility of Chain of Custody in the Era of Digital Evidence

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“Chain of custody” is a familiar concept for anyone working in law enforcement, legal practice, or investigations. It’s a foundational part of proving that evidence presented in court is authentic, unaltered, and admissible....more

Jones Day

Orders to Preserve Evidence (“Saisies”) at the Unified Patent Court: Two-Year Roundup and Early Insights

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Evidence is a key battleground in virtually all patent litigation cases. As a Court designed to combine the best and most efficient features of the main EU national patent litigation systems, the Unified Patent Court (“UPC”)...more

Pagefreezer

How Social Media Evidence Is Reshaping Family Law

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The ubiquity of social media in our world is impossible to ignore. Over 5 billion people use social media globally in 2025, representing more than 60% of the world’s population....more

Association of Certified E-Discovery...

[Webinar] Preserve the Modern Web: Legal-Grade Collections for E-Discovery - June 26th, 10:00 am PDT

Join Page Vault and ACEDS for a live product showcase designed for e-discovery professionals who need fast, defensible ways to capture today’s ever-changing online content. From social media to dynamic websites,...more

Purpose Legal

How Digital Forensics Drive Smarter Investigations

Purpose Legal on

Forensic collection and analysis are the processes of gathering large quantities of data from electronic devices and Cloud based data sources, preserving them, and examining the information. Both law firms and corporations...more

Association of Certified E-Discovery...

Linked Documents or Modern Attachments: Protocols to Minimize Risks in Preservation, Collection, and Review

Whether we refer to them as “linked documents” or “modern attachments,” gathering the information contained in these files poses an increasing challenge in the ever-evolving e-discovery landscape. I had the privilege of...more

EDRM - Electronic Discovery Reference Model

Trial Exhibit Management

During a panel on trial practice at the recent Masters’ Conference in Los Angeles, moderated by Professor Shannon Bales, panelists emphasized the critical role of consistency—blending humor, real-world anecdotes, and...more

Pagefreezer

eDiscovery Costs: Social Media Evidence & The $90,000 Lesson

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These days, ignoring social media evidence in investigations and litigation is akin to leaving a crucial witness unquestioned. But as the case of Federico v. Lincoln Military Housing demonstrates, navigating this terrain can...more

Minerva26

The Cost of Ignoring Mobile Device Discovery

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For years, litigators focused on emails and corporate documents as the primary sources of discoverable evidence. But the way people communicate has changed. Today, crucial case evidence is just as likely—if not more likely—to...more

Morgan Lewis

Key Themes and Actionable Insights from Recent eDiscovery Case Law – Q4 2024

Morgan Lewis on

Recent developments in eDiscovery case law highlight significant trends legal counsel, eDiscovery professionals, and business leaders should keep an eye on, including the growing complexity of privilege assertions, the...more

EDRM - Electronic Discovery Reference Model

Another Approach to Drafting and Discovery of Litigation Hold Notices

By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. In Homeland Ins. Co. of Del. v. Independent Health Ass’n., Inc., 2025...more

Pagefreezer

How to Capture Evidence on Facebook – Before it Disappears

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On January 7th, 2025, Meta announced they will be making major changes to content moderation policies on all their owned platforms, including Facebook: ending third-party fact-checking in the US in lieu of a new "Community...more

Nextpoint, Inc.

Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?

Nextpoint, Inc. on

The question of how to handle “modern attachments” has become a hot topic that’s swept the ediscovery landscape over the past year. Major litigation involving Uber Technologies has led to extensive conversations on how to...more

Purpose Legal

Understanding the Basics of eDiscovery Processing

Purpose Legal on

In today’s digital world, the way we handle information has transformed dramatically. With this transformation, eDiscovery has become an essential part of legal proceedings and investigations. Whether you’re involved in a...more

Array

This Week in eDiscovery: Nonprivileged Documents Attached to Privileged Communications | New Social Media Frontiers

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of January 19-25. Here’s what’s...more

Minerva26

The eDiscovery Disconnect: Why Litigators Must Take the Lead

Minerva26 on

Seven years ago, I wrote an article about what I called the eDiscovery Disconnect—the gap between the work being done on data and the legal strategy that drives discovery. Unfortunately, not much has changed since then, but...more

TransPerfect Legal

From Paper to Pixels: The Evolution and Power of eDiscovery in Modern Legal Practice

TransPerfect Legal on

We live in an era of ‘big data.’ According to the International Telecommunications Union, more than three-quarters of the world’s population own a mobile phone. The same statistics apply for computer and internet use....more

Association of Certified E-Discovery...

[Event] eDiscovery Convergence 2024: From Basics to Breakthroughs in eDiscovery - November 20th, Toronto, ON, Canada

Join Us for eDiscovery Convergence 2024! This event is proudly hosted by the Ontario Digital Evidence and eDiscovery Working Group (DEED) and the Toronto Chapters of The Association of Certified eDiscovery Specialists...more

Association of Certified E-Discovery...

The Evolution of eDiscovery: From its Inception to the Future

The digital revolution of the late 20th century brought a tidal wave of electronically stored information (ESI). Emails, digital documents, and other forms of electronic data began to dominate business and personal...more

EDRM - Electronic Discovery Reference Model

Girding for the E-Savvy Opponent (Revisited)

A friend shared that she was seeing the Carole King musical, “Beautiful,” and I recalled the time I caught it twice on different visits to London in 2015 because I enjoyed it so. I reflected on why I was in London in Summer...more

Association of Certified E-Discovery...

[Webinar] Leveraging SaaS to Power Mobile Data Collections and Advanced Collections - May 1st, 10:00 am PDT

Leveraging the efficiency of remote collection and the unmatched power of advanced extractions for mobile devices is key to streamlining your investigations. By utilizing remote collection for your mobile data acquisitions...more

EDRM - Electronic Discovery Reference Model

Overcoming Technological Hurdles in Legal Investigations

The rapid pace of technological advancement poses significant challenges in eDiscovery and legal proceedings, particularly when it involves extracting data from a variety of devices. Solutions that fail to evolve alongside...more

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