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Key Twitter Metadata Fields Lawyers and eDiscovery Professionals Need to Be...
As discussed in our previous post, authentication of social media evidence can present significant challenges when you collect by screen shots, printouts or raw html feeds from an archive tool. This is...
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Facebook Spoliation Costs Lawyer $522,000; Ends His Legal Career
In what many are calling the largest eDiscovery sanction penalty ever leveled directly against an attorney, a Virginia state judge ordered lawyer Matthew Murray to pay $522,000 for instructing his...
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Producing Facebook and Twitter Evidence in Native Format
Per all recent case law on the subject, including for instance EEOC v. Simply Storage, social media evidence is considered Electronically Stored Information (ESI) on the same par as email and...
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The Benghazi ESI Scandal
Last week, the United States Senate Intelligence Committee issued a bipartisan report finding that the deadly assault on the American diplomatic compound in Benghazi, Libya, which killed US Ambassador...
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Highlights from Reed Smith’s SharePoint eDiscovery Webinar
by John Patzakis Reed Smith recently hosted an excellent webinar on SharePoint eDiscovery challenges, led by Patrick Burke with the firm’s eDiscovery team. The webinar featured a substantive and...
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Avoid SharePoint eDiscovery Headaches Before They Begin
by Barry Murphy Last week, this blog featured highlights from the very successful SharePoint eDiscovery webinar with Reed Smith. It is a topic that came up time and again in my tenure as an analyst;...
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New FRCP Rule 37(e) Calls Out Importance of Social Media Evidence
By John Patzakis A new version of Federal Rule of Civil Procedure 37(e) goes into effect December 1, 2015, barring an unexpected act of Congress to amend or rescind the changes. Proposed rule 37(e),...
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Full Disk Imaging is Expensive Overkill for eDiscovery Collection
Early in my tenure as co-founder at Guidance Software (EnCase), we commercialized full-disk imaging circa 2001 with EnCase Forensic edition, which was the first Windows-based computer forensics tool....
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Key to Improving Predictive Coding Results: Effective ECA
Predictive Coding, when correctly employed, can significantly reduce legal review costs with generally more accurate results than other traditional legal review processes. However, the benefits...
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The Three Categories of eDiscovery Spoliation Sanctions
My last post discussed the important new Sedona Conference guidance, The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document...
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