Anyone who works closely with me knows I love to define things. Why? Because I want to ensure that everyone I work with talks about things in the same way, and that clear expectations are established on projects. Things tend to go wrong in the eDiscovery process when assumptions are made. So what is this [...]
In the last three years, Data Analytics has been one of the hot topics in eDiscovery and Litigation Support circles, but analytics has been around for much longer. Analytics first arrived in the form of Email Threads (ET) and Near-Duplication (ND). Built on textual analysis, ET and ND software compares the text of a collection of documents against [...]
Part of the buzz at #ILTACON 2016 was how much legal work is moving in-house from outside counsel. Companies that have occasional or even frequent risk of litigation can easily outsource their work. But many companies are seeing increasing need to respond to government inquiries and to conduct their own internal investigations. Once those needs [...]
When should I request a remote collection over on-site? What does the remote collection process look like? Is it defensible? Is the remotely collected data secure and encrypted? I was recently on a call with a client where we discussed the various methods of remote ESI collection. Both of us have been in the legal [...]
This post explains three areas where legal teams are held back when using outdated review technology; data management, database functionalities and overall reliability of work product. In 2011 LexisNexis published an article arguing that electronic data volumes were doubling every three years. Four years later, a 2015 article in Corporate Counsel magazine stated that corporate clients are doubling content [...]
Why does electronic evidence multiply? Why does it move or get renamed or even deleted? It does not do it on its own… so who is responsible and why? The storing and management of electronic evidence has been an important topic for litigation support, legal and IT teams for many years. The most common issues [...]
As we all know, mobile phones and social media applications are storing and retaining more information about their users and their activities than ever. The range of electronically-stored information (ESI)that is fair game in a lawsuit and the case law that governs continues to evolve. Just how much is discoverable, and what are the standards applied [...]
Special Counsel review project managers are famous for their bag of tricks—the knowledge, tweaks, anecdotes, and experience they’ve amassed as a team from the thousands of managed reviews our national project manager (PM) Team have run for clients, both large and small. Clients come to them daily with questions like, “have you ever seen this before,” [...]
Mitigate the risk of sanctions and harsh penalties by addressing the two most important parts of the discovery process — identification and preservation of ESI. The latest proposed amendment to Rule 37(e) addresses and aims to alleviate the burden many corporations feel when it comes to preservation of ESI (Electronically Stored Information). However, the risk remains present [...]
This blog was originally published by our partner X1 and was written by John Patzakis. 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, up from 64 percent in mid-2014. O365 includes built-in eDiscovery tools in the [...]
Practicing law means something totally different to International law firms in China. What is the attraction for US law firms in China? What can (and, perhaps more significantly, can’t) foreign lawyers do with China law and practice? Have all firms successfully made the adjustment? Who is the “Red Circle” and what impact will they have [...]
According to a recent survey, there are more than 270 million mobile phone users in the United States. That number is staggering as it actually exceeds the estimated number of U.S. citizens 18 and over. In effect, everyone has a mobile phone and as we all know, there’s more to cellphone functionality than just texting [...]
This post defines the NIST list, explains how the DeNIST process reduces data volumes, and shows DeNIST test results from Windows 7 and Windows XP systems. “Can’t you just DeNIST the data and get rid of all the junk files…?” This is a question I am asked often. It usually comes after an individual attends an eDiscovery [...]
Recently D4 sat down with some of our internal experts and asked them to share their predictions for the eDiscovery industry in 2018. From advanced analytics to preparing for the upcoming GPDR changes, each expert had a unique viewpoint on where eDiscovery is headed in the upcoming year. Here are some of their thoughts: eDiscovery Predictions for [...]
This post explains the FRCP amendments pertaining to eDiscovery and how they improve cooperation, proportionality and provide uniform rules for preservation. Recently, I was privileged to be included on a panel to discuss the 2015 FRCP Amendments. The panel was hosted by the American Bar Association as a part of its 24th Annual Insurance Coverage Litigation Mid-Year [...]
This article was co-authored by Lawrence Bice and Jennifer Castaldo from Larimer Law and was originally published on the Daily Record. Dear John, I have a case in federal court in the early stages of discovery. My client possesses a significant amount of electronic data that I know I will need to produce. I have just received opposing counsel’s document [...]
Look around in any direction and there is a decent chance you can identify a device that contains digital storage capabilities. Drive through a toll booth on the way to work and your journey is being recorded. Go through a red light and “snap”, a ticket arrives in the mail three to four weeks later. [...]
As I explained earlier in my blog about understanding China’s Cybersecurity Law, China is unveiling its Cyber sovereignty strategy by releasing regulations, policy statements and guidelines over time. The latest release was on April 11, 2017, when the Cybersecurity Administration of China (CAC) released their draft of “Security Assessment Measures for Cross-Border Transfer of Personal Information [...]
Conducting investigations can be tricky for multinational corporations. If any of your operations are international, your plan needs to be compliant with local laws and regulations. This can quickly become complicated with discreet investigations – for example alleged conflict of interest amongst senior level executives. If the executives are in an office outside of your [...]
This guide defines the different analytics tools available and explains which types of cases would be best suited for the application of each technology. This post was originally published in January of 2015 in an effort to bring clarity to the options legal teams have when choosing analytics technology and has been updated to reflect [...]
