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D4
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Powered by People. Managed Data and Discovery Services.
Powered by People. Managed Data and Discovery Services.

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Legal Hold Triggers: When Should You Document Your Reasonable Anticipation of Litigation?

by Chuck Kellner

Routinely documenting when you reasonable anticipate litigation will support your decision on whether or not you chose to implement a legal hold at a given time.

Preview:

In the context of litigation, an opponent may second-guess when you should have implemented your legal hold. If you do not have a policy about documenting your decision, you may not have clear documentation about when you made the decision that you reasonably expect litigation.

Instead of just having various emails, notes and calendar items that discuss a growing or possible conflict - the right documentation can safeguard you later on. If you have a policy to document your decision, and if you faithfully execute that policy, then you have an excellent defense to when you implemented your legal hold and why, and when you chose not to implement and why.

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Creating Strategic eDiscovery Workflows for Small Teams

by Olivia Gerroll

Devising a strategic eDiscovery workflow for a small team combines knowledge of available technology and how to utilize it to fulfill the needs of a case.

Preview:

The need to create and implement time and cost effective discovery-related workflows is not limited to just large firms, or for large discovery projects. Too many times, small to mid-sized firms fall into the trap of thinking that defined and documented workflows are not necessary because the data size or project needs don't seem to require the effort. This is a mistake that needs to be rectified.

Workflows do not have to be overwhelming or take up large amounts of time, nor should they be dependent on only applications that the firm is used to or on historic processes.

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5 Things You Need to Know About the Managed Review Process

The eQ Team

Despite variation in managed review projects, these 5 guidelines will help you strategically plan a defensible workflow for your next managed review process.

Preview:

No two managed reviews are the same. Even when a fact pattern of a new case seems (at the outset) strikingly similar to an old case, you can trust that a twist will arise that requires new case discovery to adapt in ways that could not have been anticipated. Consequently, anyone who approaches a new managed review project with a hard-wired approach is likely in for an unpleasant surprise; there simply are too many variables.

With so many factors that can’t be controlled in managed review, a prudent lawyer minimizes risks by embracing practices to actively manage those elements that can be controlled. Despite the wide variation in managed review projects, there are guidelines that apply to them all.

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How to Handle Metadata with Care and Avoid Spoliation Sanctions

By Peter Coons

When metadata is responsive to your case - or unresponsive, but necessary to prove authenticity of ESI - handle with care or risk spoliation sanctions.

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Metadata may contain specific dates, times, and other information about a specific file or events occurring within an operating system. But how does this become relevant to litigation, and how can the spoliation of metadata lead to sanctions, or worse?

We can break this issue down to two core categories: The first category is where metadata itself may be responsive to a discovery request; and the second category is where metadata is not responsive to a discovery request, but may b used in connection with determining authenticity of ESI.

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Simple Guide on How to Transfer Data Correctly

This post gives insight about the issues surrounding the transfer of ESI and provides a list of things you should and shouldn't do during the discovery process.

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Have you ever struggled with issues as a result of ESI being transmitted in a way that causes problems such as spoliation of the metadata or the data that is corrupted in some way or just the way it was sent caused issues for processing?

The topic of data transfer can address many areas including but not limited to types of ESI in question, original collected ESI vs production data, self-collected ESI, technology usage, transfer requirements. This post gives insight about the issues surrounding the transfer of ESI and provides a list of things you should and shouldn’t do during the discovery process.

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The Changing Landscape of Document Review [Webinar]

The panel will explore advancements in review technology, the shift in review expertise, and building trust between attorneys and lit support professionals.

Preview:

With both the pre-review analysis and the documented review plan, legal teams need to feel confident enough to relinquish some level of control to the litigation support professionals in their own firm or with their vendor. How do you build that trust and reap the benefits of a strategic, planned review?

Join us on Tuesday, May 3rd to discuss the changing landscape of document review and what that means for the attorney/litigation support professional relationship moving forward.

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Text Messages in eDiscovery: Recovery, Retention, and Preservation

By Josh Headley

This white paper explains the recovery of deleted messages, storage, legal holds, and preservation methods for Apple, Android, Blackberry and Windows devices.

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Once an organization maps an inventory of its own unique portfolio of cell phones and tables, a consistent and repeatable process should be instituted in order to ensure data is properly identified, preserved and considered for eDiscovery proceedings.

Each mobile device operating system presents unique hurdles for responding to a data preservation trigger and this white paper provides topics to consider when planning a mobile device management policy. You'll also learn the method of chat storage, retention scheme, deleted item recovery, legal hold and data preservation options for Apple, Android, BlackBerry and Windows devices.

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Cloud ESI in eDiscovery: Best Practices for Corporate Counsel

By Tom Groom and Peter Coons

This eBook explains best practices for identifying cloud ESI, implementing detailed legal hold notices and how to defensibly collect data from the cloud.

Preview:

Cloud computing continues to expand at a rapid rate pace; businesses use the ubiquitous "cloud" for everything from communication to collaboration, account and document storage. Regardless of the size of the organization, cloud computing provides its users significant cost savings and improved workflows.

This eBook discusses how counsel can apply traditional methods of custodian interviews and proper documentation to data that is stored in the cloud, ensuring that relevant ESI is both preserved and able to be collected.

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5 Cases That Highlight the Challenges of Mobile Device Preservation

By Josh Headley

This post summarizes five recent judicial experiences littered with examples of litigants grappling with issues of mobile device preservation.

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As mobile device usage and capabilities increase, the importance of the ever-slimmer gadgets as potential sources of electronically stored information (ESI) becomes undeniable. The more we rely on theses accessories as vehicles for business communications and entertainment, the more data we create and consume.

This post summarizes five recent judicial experiences littered with examples of litigants grappling with issues of mobile device preservation.

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FBI vs. Apple - Thinking Outside the Phone

By Peter Coons

This post explains the privacy concern between Apple and the FBI and explains Apple's encryption software and alternative methods to retrieve ESI.

Preview:

You've likely heard about the privacy concern of the millennia, Apple vs. FBI. The FBI wants Apple to modify its iPhone operating system so it can review the contents of the phone used by the San Bernardino terrorist. Apple has stated that creating a backdoor for this one situation could potentially jeopardize the security and privacy for all of Apple's customers.

Regardless of whose side you are on, this is a relevant debate and one that has impassioned many pundits, technologists and business leaders to step forward and opine on the topic.
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