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The way we communicate has changed dramatically in recent years, with businesses and individuals moving from traditional email to cloud-based collaboration platforms like Microsoft Teams, Slack, WhatsApp, Skype, and Telegram. As a litigator, you will inevitably need to obtain electronic communications stored on these platforms as part of discovery. But the process isn’t as simple [...]
Why Text Messages and Ephemeral Data Are Now Critical in eDiscovery For years, litigators focused on emails and corporate documents as the primary sources of discoverable evidence. But the way people communicate has changed. Today, crucial case evidence is just as likely—if not more likely—to be found in text messages, WhatsApp chats, Slack channels, and [...]
How to Conduct E-discovery: Practical Advice for Law Firms E-discovery, the process of managing electronically stored information (ESI) for legal purposes, is a cornerstone of modern litigation. With increasing volumes of electronically stored information, e-discovery for law firms has become an essential part of litigation strategy. In an era where digital data dominates personal, professional, [...]
Legal and Tech Savvy Are Key for Uses of Artificial Intelligence Disputes Over Family Production Provisions in ESI Protocols Courts Are Wary of Discovery Process Issues Handling Preservation Duties Remains Elusive Parties Should Ensure ESI is Admissible as Evidence 1. Legal and Technical Savvy Are Key for Successful Uses of Artificial Intelligence Case: J.G. individually [...]
E-discovery is continuously evolving, driven not only by advancements in technology but also by case rulings that shape how legal teams handle electronically stored information (ESI). Keeping up with significant e-discovery case law is crucial for legal professionals and e-discovery teams to remain compliant, streamline workflows, and avoid costly sanctions. In this post, we’ll explore [...]
Understanding Current Regulatory Requirements for Message Preservation The Department of Justice (DOJ) and Federal Trade Commission (FTC) have updated their standard preservation letters to address collaboration tools and ephemeral messaging platforms. These directives state that failure to produce documents from ephemeral messaging applications could result in obstruction of justice charges, underscoring the importance of compliance. [...]
Streamlining Legal Processes: How eDiscovery is Helping Law Firms Save Time and Money Understanding the Impact and Importance of eDiscovery for Law Firms In today’s technology-driven world, what many refer to as “digital evidence” is everywhere, from emails to instant messages and social media posts. With this shift, the legal industry faces an increasing demand [...]
“You’re gonna need a bigger boat.” This iconic line was uttered by Chief Brody in the 1975 blockbuster film Jaws when he first saw the massive size of the shark they were trying to catch. At that moment, Brody realized they were in completely over their heads, and the boat they had was not big [...]
Many moons ago, when I was a litigation associate at a law firm, I spent a fair amount of time on discovery—yes, discovery and not e-discovery, because the process had not yet gone electronic. I would physically go to clients’ offices, review boxes and file cabinets brimming over with (paper) documents, and figure out how [...]
Over the past decade there has been an increasing usage of cloud-based storage systems, resulting in a speed bump in the legal discovery process: modern attachments. What are Modern Attachments? Modern attachments are links embedded within documents or emails which direct a user to external digital files stored elsewhere on platforms such as Google Drive, [...]
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