Our Insights on eDiscovery

Here’s a Terrific Listing of eDiscovery Workstream Processes and Tasks: eDiscovery Best Practices

February 26, 2020

Let’s face it – workflows and workstreams in eDiscovery are as varied as organizations that conduct eDiscovery itself. Every organization seems to do it a little bit differently, with a different combination of tasks, methodologies and software solutions than anyone else. But, could a lot of organizations improve their eDiscovery workstreams? Sure. Here’s a resource (that you probably already know well) which could help them do just that.

FBI Says Half of $3.5 Billion Cyber Losses in 2019 Were Due to Business Email Scams: Cybersecurity Trends

February 25, 2020

The FBI’s Internet Crime Complaint Center (IC3) reported that it received over 460,000 internet and cyber-crime complaints in 2019, which the agency estimates caused losses of more than $3.5 billion, the bureau wrote in its yearly internet crime report released earlier this month. And, about half of that is due to BEC (Business Email Compromise), aka EAC (Email Account Compromise) crimes, which are sophisticated scams targeting businesses and individuals performing wire transfer payments.

Is Your Ability to Stay Current with eDiscovery in “Jeopardy”? Check Out This Conference: eDiscovery Best Practices

February 24, 2020

I mentioned it a few weeks ago, but (believe it or not) we’re now only about 3 1/2 weeks away from the eighth year for the University of Florida E-Discovery Conference. And, as usual, the panel of speakers is an absolute who’s who in eDiscovery.

Mobile Collection: It’s Not Just for iPhones Anymore, Part Four

February 21, 2020

Android phones are market leaders both here in the US and worldwide and offer corporate archiving solutions that are second to none. So, why is that important? Let’s take a look.

Court Rules on Status of “Functional Employee, Declines Sanctions as Premature: eDiscovery Case Law

February 20, 2020

In Digital Mentor, Inc. v. Ovivo USA, LLC, Washington District Judge Richard A. Jones granted in part and denied in part the defendant’s motion to compel, ruling that the plaintiff had not shown that a consultant to the plaintiff met the criterion of being considered a “functional employee” for which all communications with the plaintiff could be considered privileged, but denying the defendant’s request for preclusion sanctions, determining those to be “premature”.

Mobile Collection: It’s Not Just for iPhones Anymore, Part Three

February 19, 2020

How important are Android devices in the world today? And, what can you do to preserve them? Let’s take a look.

Special Master Declines to Order Defendant to Use TAR, Rules on Other Search Protocol Disputes: eDiscovery Case Law

February 18, 2020

In the case In re Mercedes-Benz Emissions Litig., Special Master Dennis Cavanaugh (U.S.D.J., Ret.) issued an order and opinion stating that he would not compel defendants to use technology assisted review (TAR), and instead adopted the search term protocol negotiated by the parties, with three areas of dispute resolved by his ruling.

Mobile Collection: It’s Not Just for iPhones Anymore, Part Two

February 17, 2020

As I mentioned in the Introduction, Craig Ball has provided a lot of terrific information regarding preservation and collection of data from mobile devices. These are terrific resources that everyone who deals with discovery of mobile devices should be aware of. Let’s take a look.

Love Our Blog? The Blog Loves You Too!: eDiscovery Love Story

February 14, 2020

It’s Valentine’s Day, which means it’s a great day to talk about love! But, this is an eDiscovery blog, so let me take this opportunity to “spread some love” to all of you who read the blog every day (or at least many days) and help spread that love to others!

Mobile Collection: It’s Not Just for iPhones Anymore

February 13, 2020

Most of the talk about retrieving data from mobile devices has centered on iPhones and other Apple devices. And no small reason for that is that most of the discussion on the topic has come from Craig Ball, who is, like many attorneys, an Apple guy. But, iPhones are not the only mobile devices for which data collection is necessary. In fact, they’re not even the most popular devices – by far. In this series, we’ll talk about mobile collection considerations not just for iPhones, but also for the most popular mobile operating system in the world.