Proportionality in eDiscovery is Ideal, but Difficult to Realize Without an Optimized Process

(Originally Published October 24, 2022 by JD Supra and EDRM) Proportionality-based eDiscovery is a goal that all corporate litigants seek to attain. Under Federal Rule of Civil Procedure 26(b)(1), parties …

Relativity Highlights Its X1 Integration for ESI Collection

  Recently, Relativity hosted a live webinar featuring the integration of the X1 Distributed Discovery platform with its RelativityOne Collect solution. This X1/Relativity integration enables game-changing efficiencies in the eDiscovery …

Compelling Case Study for Remote eDiscovery Collection in a High-Stakes Litigation

While our personal and business lives will hopefully return to normal soon, the trend of an increasingly remote and distributed workforce is here to stay. This “new normal” necessitates updated …

Another Criminal Conviction Overturned Due to Failure to Authenticate Social Media Evidence

The Supreme Court of Vermont overturned a felony conviction due to the prosecutions’ failure to properly authenticate social media evidence, finding that the printed records subpoenaed directly from Facebook were …

Lawson v. Spirit Aerosystems: Federal Court Blasts “Bloated” ESI Collection, Rendered TAR Ineffective

Technology Assisted Review (TAR), when correctly employed, can significantly reduce legal review costs with generally more accurate results than other traditional legal review processes. However, the benefits associated with TAR …

Remote ESI Collection and Data Audits in the Time of Social Distancing

The vital global effort to contain the COVID-19 pandemic will likely disrupt our lives and workflows for some time. While our personal and business lives will hopefully return to normal …

Social Media Statements: Key Evidence and Often Exceptions to the Hearsay Rule

Here is a quick legal evidence quiz: Identify the three distinct hearsay exceptions in the following Tweet:   The first exception would be under Federal Rule of Evidence 803(2): “Rule …

90 Percent of Law Firms Managed Social Media Evidence Collections in 2018

The International Legal Technology Association recently published a very informative and comprehensive law firm eDiscovery practice survey “2018 Litigation and Practice Support Survey.” ILTA received responses from 181 different law …

Rule of Evidence 902(13)(14) Update: States Begin Adoption, First Case Citations

Federal Rule of Evidence 902(13)(14) is now in effect and is already significantly impacting computer forensics and eDiscovery collection practices. We are now seeing multiple case citations of FRE 902(13)(14) …

New York Appellate Court Allows “Data Mining” of Social Media accounts for Relevant Information

The New York Appellate Division allowed discovery into the non-public information of the social media accounts of a former professional basketball player relevant to his personal injury claims arising out …

eDiscovery Collection 3.0: Much Better, Much Faster, Much Cheaper

In his recent blog post, X1 CEO Craig Carpenter discussed the inability of any software provider to solve a critical need by delivering a truly scalable eDiscovery preservation and collection …

X1 Distributed Discovery & RelativityOne Integration: Testing and Proof of Concept

Editor’s Note: The following is a blog post published by eDiscovery expert Chad Jones, Director at D4 Discovery, regarding D4’s extensive testing and validation of the integration of R1 and …

Dark Web Evidence Critical to all Cyber Investigations and Many eDiscovery matters

The dark web is a component of the World Wide Web that is only accessible through special software or configurations, allowing users and website operators to remain anonymous or untraceable. …

SEARCH REVEALS HUNDREDS OF IMPROPER JUROR SOCIAL MEDIA POSTS PER DAY (PART 2)

In response to our post two weeks ago identifying widespread social media abuse by jurors that could quite possibly lead to mistrials, a frightened prosecutor and others have inquired about …

Search Reveals Hundreds of Improper Juror Social Media Posts Per Day

The Federal Judicial Center (“FJC”) recently published a report surveying 952 federal district court judges to identify the scope of jurors’ improper use of social media during trial and how …

Dr. Michael Levitt: World Famous Scientist, Nobel Laureate, and X1 Power User

Recently I had the distinct honor of speaking with Dr. Michael Levitt, a 2013 Nobel Prize winner for Chemistry, and highly regarded Professor of Structural Biology at Stanford University. The …