As a review of almost any day’s news will demonstrate, social media remains an influential, indispensable part of American life – for better or for worse. And, as social media has been working its way ever deeper into our relationships, our professional activities, and our culture as a whole, its impact on discovery has been growing as well.

In 2015, the first explicit reference to social media appeared in the FRCP. Since then, many new cases involving social media evidence have appeared each year, and the vast majority of law firms have handled at least some cases involving such evidence.

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.

Webinar: Security is Everyone's Business Today, malicious actors are launching more frequent and more sophisticated attacks, even as companies and law firms are more vulnerable than ever in a world

Over the decade since TAR first rose to prominence, solutions, acronyms, and new cases have proliferated dramatically. All of this rapid technical and legal evolution has made it challenging for practitioners to get a simple handle on TAR and what it means for their matters.

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.

Corporate law departments are acutely focused on the diversity of their outside counsel, and they expect their law firms to support corporate diversity initiatives. To achieve diversity goals, law departments and law firms must work collaboratively to understand corporate expectations and create strategies for firms to meet those expectations.

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.

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.

Companies under investigation often find themselves in the unenviable position of trying to balance the need to provide prosecuting agencies with the information they request and staying on the right side of the myriad of data protection legislation across the world. Get it wrong and they can find themselves in further difficulty with the prosecuting agencies or staring down the barrel of a hefty data protection fine. What steps can practitioners and companies take to successfully resolve these conflicts in an effective and timely way?

The Rising Tide of DSARs and the End of Furlough with Lewis Silkin & Consilio Exploring the potential challenges brought on by a wave of DSARs and how to approach with best practices

It is no surprise that law firms continue to be an attractive target for cyberthieves. Law firm data systems hold various types of confidential information about corporate clients, and include nonpublic information about corporate development, business strategy and planned transactions that hackers could use for a variety of malevolent uses. In addition, firms generally also store a wealth of personally identifiable information, including protected health information and payment information, for clients, parties, witnesses, and employees. The dramatic shift to remote working due to COVID-19 has increased the complexity of the cybersecurity challenges firms face.

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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.

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.

Trevor Horwitz, a senior compliance and legal consultant from Consilio, sat down with a number of lawyers from across the energy industry to discuss the compliance issues they are facing and how they make sure their businesses don’t commit fraud, either intentionally or accidentally.

Case Study: Leveraging Analytics & Smart Review to Efficiently Respond to a Data Breach Client Challenge A large, state-run health organization was facing a large volume of data requiring smart data

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Whether it’s reviewing invoices or repapering contracts, there are many tasks that are dreaded but must be done. So, do you bring in AI to relieve some of that burden? Or is the risk of inaccuracies or strain of implementation too great? Watch our recent Big Debate to examine both sides of that question.

Investigations and enforcement actions can present significant risks and potential disruptions for companies. On top of that, companies must keep up with the latest developments and assessing how they may impact your company and unforeseen challenges.