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.

Read More

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.

Read More

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.

Read More

Archiving, Release, and Destruction of Information – The Importance of Information Governance as Preparation for Successful E-Discovery Series, Part 4

The governance of information addresses all aspects of its life cycle, and no stage is more important than this final phase. Data volumes continue to rise at an increased velocity, with 90 percent of all information having been created in the last two years. Keeping, archiving, cataloging and leveraging legacy data has been a solid and acceptable practice for nearly ever. While the storage of data becomes less expensive, the real issue is whether or not it is safe to hold on to unwanted and unneeded information. If the properly authorized destruction of data significantly reduces the risk associated with keeping data, shouldn’t it then be destroyed? Read on to learn more.

Read More

Using, Modifying, Storing, Retrieving Information – The Importance of Information Governance as Preparation for Successful E-Discovery Series, Part 3

The hard step that seems to give many organizations fits involves using, modifying, storing and retrieving information. Even if creating and ingesting are in perfect concert with information governance, chaos will result if this step doesn’t sustain that level of governance. Unfortunately, many organizations find it too cumbersome to set basic use restrictions. Learn how the governance of use, modification, storage, and retrieval come into play.

Read More

Microsoft 365 is Forcing Lawyers to Face Cloud Discovery

XDD’s Scott Polus shares insight with ACEDS’ Jason Krause about complications related to cloud-based data collection and review of that ESI.

Read More

Compliance and Leveraging Information Governance – The Importance of Information Governance as Preparation for Successful eDiscovery Series, Part 2

Often we become so busy generating information that we do not take the time to examine how that process looks and how we can apply information governance principles from the very beginning. Appropriate preparation is vital. More and more professionals are uniting in the belief that information governance is the single most critical factor in maintaining control of big data. However, compliance for its own sake is not enough. Organizations must be able to leverage said compliance and demonstrate how it benefits an organization. Read more to learn about the solutions for compliance as well as how to efficiently and effectively leverage information governance.

Read More

Information Governance as eDiscovery Preparation – The Importance of Information Governance as Preparation for Successful E-Discovery Series, Part 1

Much has been discussed regarding the importance of starting properly with respect to the necessary preparation for a successful electronic discovery process. Tools such as the Electronic Discovery Reference Model provide guidelines and best practices and continue to map out how to successfully negotiate the difficult and expensive landscape of electronic discovery. Organizations continue to “fight the good fight” as they begin making their way along the EDRM pathway. However, the pathway is dotted with obstacles that appear without warning and endanger the success of the e-discovery effort. Read on to learn more and how information governance comes into play.

Read More

Don’t Be Afraid to Let Your Document Review Travel: Why Legal Process Offshoring Might be Right for You

Offshore legal services offer significant savings in terms of both time and money, and, when managed correctly, can yield excellent results.

Read More

Computer Forensics Examiners and Private Investigation Licensing

Most agree that computer forensics examiners should be certified and licensed in some capacity, but should they be required to hold a PI license?

Read More

The Art of the Litigation Hold Notice: Complying with Rule 37(e) for Compliance’s Sake and Your Own

Having a well-written litigation hold notice is not just essential for compliance with the FRCP, but it will save time and money by keeping nondiscoverable, irrelevant information out of your data set.

Read More

Data Retention Policies and Litigation Holds: More Than Just a Formality

Recent case illustrates the importance of properly managing electronic data through the implementation of strong data retention and litigation hold policies in order to avoid sanctions.

Read More

Whether you prefer email, text or carrier pigeons, we’re always available.

Discovery starts with listening.

(877) 545-XACT / or / Email Us