Creating a Custodian Interview Script – Conducting Effective Custodian Interviews, Part 2

Conducting effective custodian interviews requires asking various questions, whether they be legal, technical, communication, or compliance-related. Creating a custodian interview script is a very important step in the process of custodian interviews. The questions asked may range from biographical questions, such as questions about identity, role within the organization, tenure at the organization, and areas of responsibility, to technical questions, in which you are attempting to get a picture of the kinds of materials the individual generates and receives in their work, as well as the hardware and software they use to do it.

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Legal Mechanisms for Social Media Discovery – Gone Viral Series, Part 3

While the publicly-shared materials on social media services can be collected directly by any party, the non-public data in those user accounts can only be obtained through discovery. When traditional requests for direct scope negotiations fail, parties must try to work with alternative legal mechanisms within social media discovery. These have included In Camera Review, Password Requests, and Service Provider Subpoenas.

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Custodian Interviews for eDiscovery Projects – Conducting Effective Custodian Interviews, Part 1

Custodian interviews are the first step in an evidence collection and verification process. Interviews are conducted with individuals within an organization who are identified as potential custodians of data or documents relevant to a legal matter. Custodian interviews act as a safety net for preservation efforts, enabling more targeted action. They can be used to gather valuable information for eDiscovery project planning by informing downstream early case assessment and review activities. Learn the background, options and reasons behind custodian interviews.

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What Social Media ESI Can Be Collected in eDiscovery – Gone Viral Series, Part 2

Social media platforms typically incorporate multiple forms of media and communication together. Each social media account for each individual user can contain hundreds or thousands of pages of materials in a mishmash of formats. Vast amounts of social media ESI can be collected through eDiscovery, including all files and associated metadata. There are usually a variety of options for the acquisition of social media evidence for use in litigation. The most basic is printing out the material or capturing a screen image of it. This has the advantages of being fast, simple, and cheap, but it comes with significant drawbacks.

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The Supreme Court Weighs in on Inherent Authority for Discovery Sanctions

In Goodyear v. Haeger, the Supreme Court weighs in on the limits of inherent authority to award fees and costs as sanctions for discovery misconduct The inherent authority of judges to issue sanctions for discovery failures or misconduct has been a hot topic in the industry since the implementation of the December 2015 Amendments to…

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Social Media in Life and Discovery – Gone Viral Series, Part 1

Social media is becoming more frequently collected and searched in eDiscovery. As the last election cycle made abundantly clear, social media is currently an influential, indispensable part of American life. We will begin this series by exploring the legal challenges posed by social media in life and discovery, including sources, data, preservation, and more.

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