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e-Discovery Professionals Information Governance 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

EDRM - Electronic Discovery Reference Model

GENIUS Act Signed Into Law: A Game Changer for Legal Discovery and Information Governance

ComplexDiscovery Editor’s Note: President Trump’s signing of the GENIUS Act sets a new course for professionals in eDiscovery, cybersecurity, and information governance. By formalizing federal oversight of...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 203 | Rob Robinson of ComplexDiscovery OÜ sits down with Kaylee & Mary

Rob Robinson, Editor and Managing Director of EDRM Trusted Partner, ComplexDiscovery OÜ, and CMO at EDRM's Trusted Partner HaystackID sits down with Kaylee & Mary to talk about his journey from attack helicopter pilot to...more

EDRM - Electronic Discovery Reference Model

Google Avoids Discovery on Discovery Based on Insufficient Foundation for Request

In Taylor v. Google LLC, 2024 WL 4947270 (N.D. Cal. Dec. 3, 2024), the court held that “plaintiffs have not shown a specific deficiency in Google’s document production or a factual basis to believe that Mr. Boyer’s (or anyone...more

Association of Certified E-Discovery...

Negotiating the Scope of E-Discovery: Proportionality and Pre-Trial Preparation in Complex Litigation

I was fortunate to moderate a webinar for ACEDS about proportionality and summarize the discussion below. You can listen to the entire program here. Proportionality in e-discovery is based on the objective of Rule 1 of the...more

Association of Certified E-Discovery...

[Webinar] The Dos and Don'ts of Defensible Deletion in E-Discovery - November 22nd, 11:00 am PT

As data volumes increase, the need to delete extraneous, irrelevant information is an essential component of modern information governance. Doing so defensively is at the heart of this process, and this presentation will...more

HaystackID

From Evidence to Misinformation: Courts Brace for Deepfake Challenges

HaystackID on

As deepfake technology becomes increasingly sophisticated and accessible, courts are now facing unprecedented challenges in distinguishing authentic evidence from AI-generated fabrications. This issue, particularly critical...more

EDRM - Electronic Discovery Reference Model

Building a Unified Foundation for Digital Investigations in eDiscovery

The digital forensics landscape in the private sector is witnessing a metamorphosis. The relentless growth and diversification of data necessitates a paradigm shift in how organizations approach investigations. Fragmented...more

EDRM - Electronic Discovery Reference Model

Cyber Diplomacy: A New Frontier in International Relations and Professional Practice

ComplexDisocvery’s Editor’s Note: This article underscores the growing significance of cyber diplomacy in the context of global security and international relations. As cyber threats become increasingly sophisticated and...more

EDRM - Electronic Discovery Reference Model

ESI Protocol Dispute – “Modern Attachments” and the “Humpty Dumpty Issue”

In Re: Uber Technologies, Inc., Passenger Sexual Assault Litigation, 2024 WL 1772832 (N.D. Cal. Apr. 23, 2024), resolved a dispute over so-called “modern attachments” based on impressive and comprehensive technical...more

EDRM - Electronic Discovery Reference Model

March’s Notable Cases and Events in E-Discovery

This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. an order from the U.S. District Court for the Eastern District of California granting a motion to compel...more

Nextpoint, Inc.

eDiscovery for the Rest of Us: The Checklist Manifesto

Nextpoint, Inc. on

Nextpoint and Tom O’Connor published a new edition of eDiscovery for the Rest of Us, a strategic and tactical resource for legal teams navigating the modern ediscovery landscape. The 2024 version features new content,...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 6: Digital Forensics & Protecting Trade Secrets with Clark Walton

Maynard Nexsen on

This week, hosts Tina and Cherie are joined by Clark Walton, a Digital Forensics Expert, Attorney, and Legal Forensics Instructor for Reliance Forensics. They have an insightful discussion on digital forensics and what...more

EDRM - Electronic Discovery Reference Model

Don’t Be Too Nice When You Send a Preservation Notice

I always advocate for civility and cooperation in e-discovery. But, it may be prudent to expressly threaten a lawsuit in a preservation notice.  It may also be cautious to avoid offering to settle a claim in that notice.  If...more

Association of Certified E-Discovery...

Technocat Tidbits: What is eDiscovery?

eDiscovery is like the detective work of the legal world. Turning the mountain of ones and zeros of digital files into evidence in court. eDiscovery consists of identifying, collecting, processing, reviewing, and producing...more

EDRM - Electronic Discovery Reference Model

Modern Attachments in M365 eDiscovery: How Much Do They Really Matter? A Practical Assessment of the Significance of Modern...

eDiscovery has seen substantial transformation recently, characterized by the introduction of complex and continuously evolving data types. This shift has been primarily driven by rapid innovations in technology and the...more

EDRM - Electronic Discovery Reference Model

“Modern Attachments,” ESI Protocols, & Second Chances

The parties in In re StubHub Refund Litigation, 2023 WL 3092972 (N.D. Cal. Apr. 25, 2023), agreed to an ESI protocol that was incorporated into a court order.  The protocol called for “modern attachments” to be produced with...more

EDRM - Electronic Discovery Reference Model

[Webinar] A Tech Lawyer and Information Scientist Walk Into a Bar; they Discuss ChatGPT, its Promise, Ethical Considerations and...

1. SUMMARY OF INSIGHTS SO FAR. A scientist and tech lawyer impressions of ChatGPT, with emphasis on how it may impact the law going forward. a. RL - "These are ALMOST the Droids we’ve been looking for!" (i) Impressed by...more

EDRM - Electronic Discovery Reference Model

Court Holds That Federal Spoliation Rules Are Both Independent and Interrelated in Cell Phone Sanctions Case

In Doe v. Willis, 2023 WL 2918507 (M.D. Fl. Apr. 12, 2023), the plaintiff’s lawyer imposed an oral legal hold, telling her that she should not delete texts, throw away evidence, or post anything on Facebook, and: “That’s...more

EDRM - Electronic Discovery Reference Model

An In-Depth Look at the 2022 eDisclosure Systems Buyers Guide

Last week on eDiscovery Today, I covered Andrew Haslam’s annual eDisclosure Systems Buyers Guide, which was published last week on Rob Robinson’s ComplexDiscovery site here. As you can imagine, it’s difficult to cover a...more

Nextpoint, Inc.

Ediscovery Strategies for Small Law Firms: Make the Rules Work for You

Nextpoint, Inc. on

Ediscovery was once the sole concern of Big Law and large-scale litigation, but it is increasingly an issue in smaller cases for small and solo law firms. This excerpt from our small firm ediscovery White Paper is an...more

HaystackID

[Webcast Transcript] Understanding Information Governance, Data Privacy, and Data Breach Exposure

HaystackID on

Editor’s Note: On December 1, 2021, HaystackID shared an educational webcast designed to present and describe a framework for deploying and enhancing organizational information governance programs....more

HaystackID

[Webcast Transcript] Breaches, Responses, and Challenges: Cybersecurity Essentials That Every Lawyer Should Know

HaystackID on

Editor’s Note: On September 15, 2021, HaystackID shared an educational webcast designed to inform and update cybersecurity, information governance, and eDiscovery professionals on how organizations can prepare, address, and...more

HaystackID

[Webcast Transcript] Hatch-Waxman Matters and eDiscovery: Turbo-Charging Pharma Collections and Reviews

HaystackID on

Editor’s Note: On September 16, 2020, HaystackID shared an educational webcast designed to inform and update legal and data discovery professionals on the complexities of eDiscovery support in pharmaceutical industry matters...more

Herbert Smith Freehills Kramer

Reflecting on Recent Sedona Conference Guidance on Managing the Costs and Burdens of Non-Party Subpoenas

Introduction - The proliferation of data and the rise of affordable cloud computing services has led many companies and organizations to outsource their data storage to third parties, a practice that raises numerous issues...more

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