Sampling Techniques for Litigation and Investigations

Despite years of discussion in the eDiscovery industry about the power and importance of sampling techniques – particularly in the context of technology-assisted review (TAR), many practitioners remain unfamiliar with what they can accomplish with them, and when, outside of TAR, they might do so.

Six Data Protection Strategies for Legal Teams: Mitigating Risk, Maintaining Reputation

No organization is immune from cyber incidents. Although helpful, minimalist data protection practices are often not enough to save organizations from costly data loss and embarrassing reputational damage. This Practice Guide reviews six strategies for mitigating the risk of cyber incidents in your organization.

Clear the Final Merger Hurdle: A Guide to Second Requests in the Age of Analytics

Second Requests are high velocity, high volume, and high visibility — under normal circumstances. Now, as legal departments are facing an unprecedented post-pandemic economy and an ever-growing reliance on digital communication, the demands in this final merger step are higher than ever.

Collecting Data from Mobile Devices and Their Applications

Due to the popularity and volume of mobile devices being used throughout the world, they have become common sources of digital evidence in litigation proceedings. It is important to understand the different types of data that can be extracted from mobile devices, mobile device backups, and the cloud.

Digital Data Collections in Accordance with the Disclosure Pilot Scheme

The preservation and collection of ESI is the foundation of any disclosure exercise. In the Business and Property Courts of England and Wales, the gathering of ESI must be conducted in accordance with the Practice Direction 51U - Disclosure Pilot Scheme.

ED107 – The Final Countdown: Production Fundamentals

Production is another discovery activity, like collection and processing, in which technical decisions can have logistical and legal effects. For this reason, it is important for practitioners to understand the fundamentals of production.

ED105 – Clearing the Fog of War: ECA Fundamentals

The fog of war is apt shorthand for the state of uncertainty that exists early in a new legal matter: What are the facts? What are the risks? What evidence exists, and what does it show? Early case assessment (ECA) is how we start to answer those questions.

ED104 – Time to Make the Donuts: Processing Fundamentals

The range of potential ESI sources is continually multiplying and diversifying. Processing is how we work with that diverse range of materials without using as many different pieces of software as there are types of sources and how we enable searching and document identification across different source types.

Webinar: In the Beginning: Identification and Preservation Fundamentals

ESI spoliation remains a frequent issue – particularly in the gray area where new devices, applications, or services are transitioning from niche adoption to mainstream use. Hence the importance of these phases in an eDiscovery effort: almost every other type of failure can be fixed with adequate time and money, but once unique, relevant ESI is gone, it’s gone.

ED103 – The Grand Scavenger Hunt: Collection Fundamentals

With source types multiplying – including challenging sources like smartphones, social media, and collaboration tools, it is more important than ever for legal practitioners of all types to familiarize themselves with the fundamentals of collection so that they can assist in spotting potential issues and identifying appropriate solutions.

ED102 – In the Beginning: Identification and Preservation Fundamentals

Identification and preservation are the first and most fundamental phases of an electronic discovery effort. The duty of (identification and) preservation is a foundational concept in our legal system that grows out of the common law concept of “spoliation,” which is nearly 300 years old.

ED101 – The Evolving Duty of Technology Competence

In discovery specifically, and in legal practice generally, the role of electronically-stored information (ESI) and new technology has grown exponentially over the past decade, as new sources have proliferated, new tools have become normalized, and new communication channels have supplanted the old.