Key Discovery Points: Detecting AI is Difficult and Tricky!
Key Discovery Points: ESI Protocol Objection Denial Party
Key Discovery Points: Be a Team Player When It Comes to Production
From OCR to AI The Future of Media and Image Analysis in eDiscovery
AI in eDiscovery Today: An Open Conversation
Key Discovery Points: A Judicial Approach to Handling AI-Generated Evidence
Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar
Key Discovery Points: Petty Finger Pointing Over Search Terms Results in Wasted Time
Key Discovery Points: Do Your Best to Avoid Discovery Shenanigans!
Key Discovery Points: Be Willing to Agree and Compromise When It Comes to Hyperlinks
Navigating the Maze: eDiscovery Essentials for Employers — Hiring to Firing Podcast
Harnessing the Power of eDiscovery: The Revolution of AI and Technology in Litigation and Investigations - The Consumer Finance Podcast
Key Discovery Points: Don’t Rush in as an AI Fool!
Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences
Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?
Key Discovery Points: Timing is Mostly Everything in eDiscovery
Key Discovery Points: AI Says AI Will Replace Paralegals… But Not So Fast!
Key Discovery Points: Get Your Copy of the 2025 eDiscovery State of the Industry Report
What are Some of the Concerns With Applying AI to Document Review?
Biggest Benefits of Applying AI to Document Review
Mobile devices have fundamentally reshaped how we communicate, work, and live. With 91 percent of Americans owning a smartphone and spending nearly five hours per day on these devices, mobile devices have become integral to...more
New year, new case law! In our January 2025 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to whether emojis constitute contract agreement, privilege status of text messages,...more
If you ask most legal professionals about discovery of data from mobile devices, the discussion typically turns to text messages. However, there are several other data types unique to mobile devices that are not only...more
In EEOC v. Formel D USA, Inc. (September 12, 2024), the U.S. District Court’s ruling underscored a critical lesson for litigators: failure to preserve electronically stored information (ESI) can lead to severe sanctions,...more
[Editor’s Note: This article was first published August 21, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more
A recent decision in ediscovery case law, Maziar v. City of Atlanta from June 10, 2024, underscores the crucial importance of early preservation, particularly regarding text messages from mobile devices. This case, presided...more
If you’ve been following my Case of the Week series, you know we’ve seen a rising trend of courts issuing harsh sanctions, including dismissal, for failure to preserve text messages and other data from mobile devices. This...more
Modern Musings and Present-Day Pitfalls for Protocols – Things We Didn’t Have to Consider 5 Years Ago - In some ways, the current day challenges with ESI Protocols are the same as they’ve been for years – counsel is...more
The amount of data stored on phones is overwhelming. In 95% of investigations, text messages and conversations are used as evidence sources. Investigators need to be able to be able to retrieve the full, comprehensive...more
The world of workforce communication looks vastly different from 2020, including an increased blur between personal and business communications due to remote work environments and access to instant messaging and...more
Uncovering the most amount of device data in a digital investigation is key to finding implicating evidence. In 95% of investigations, text messages and conversations are used as evidence sources. Corporate...more
After collecting, analyzing the volume of data found on devices can be overwhelming. Attorneys and eDiscovery practitioners need the ability to gather insights across a variety of data sources, especially third-party...more
Trent Livingston has been the CEO of ESI Analyst since 2018. Trent started his career as a software test engineer and developer at Microsoft before entering the eDiscovery marketplace in the early 2000s. He has since provided...more
Even when the need to preserve mobile data is clear, for clients who are not technical experts or who do not have technical experts on staff, how to go about actually preserving that data may not be so obvious. As legal...more
Over the last 18 months, our team has written numerous articles warning attorneys of various pitfalls when it comes to preserving data. We have encouraged our colleagues in the bar to take specific steps to avoid spoliation...more
If you are like most, you probably have 4-5 different chat applications on your phone to talk to friends and family members. Dad only likes to text via SMS, brother Peter only uses Facebook Messenger, Aunty Bridgette can...more
Historically focused on manually wading through large volumes of email and electronic documents, e-discovery is transforming in nuanced ways. Discovery of mobile devices, social media and other online applications raises...more
“What can you do to protect personal information when you collect data from a phone?” This is one of the most frequently asked questions of our forensics practice group....more