eDiscovery and Litigation Support

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Recap of Digital Reef’s Social Media Webinar

  
  
  

Recently, Digital Reef hosted a webinar on the intersection of case law, data privacy, and discovery in the context of social media.  The webinar covers three major topics related to social media:

Tips and Techniques for a Defensible Social Media Discovery Process

  
  
  

Tweets, status updates, wall posts, messages… these have all become forms of business communication. The acceleration of social media has created yet another e-discovery headache for litigators.  The problem is growing, and social media must be considered when preparing a case. It is almost required now that attorneys be knowledgeable and due diligence around social media. When comparing social media discovery to traditional discovery the process is essentially the same; search, identify, preserve, analyze and produce. But social media discovery requires specific techniques and a lot more “digging” than traditional discovery.

Cloud Computing & Jurisdiction: A Primer

  
  
  

Cloud computing, which is relatively new, could lead to some novel problems concerning jurisdiction.  Generally, in civil lawsuits, a company is charged with producing relevant documents that are under its “custody and control.”  This typically means that a company is responsible for producing its documents without regard to where the documents are physically stored, provided they are the company’s documents or the company has control over the documents.  However, because a company using cloud storage will place its documents in a different physical location from the office of that company, several new questions may arise and there is little precedent for these types of issues. 

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E-Discovery Analytic Technology: How does it work?

  
  
  
At this year’s 8th Annual-Advanced eDiscovery Institute Event, a panel entitled “Behind the Black Box: Decoding Advanced Analytic Technology” was held for legal professionals to learn about eDiscovery technologies in simple terms. As moderator Gilbert O. Greenman stated, “…to explain the black box to you, I have none other than people who can claim to have invented the black box, tested the black box, and analyzed the black box”. Panelists included Founder and CTO of Digital Reef, Steve Akers; Principal Researcher at Microsoft Research, Susan Dumais; Professor at the University of Maryland, Dr. Douglas W. Oard; and CTO of Recommind, Dr. Jan Puzicha.

Concept searching, near-duplicate clustering, document clustering, predictive coding, and related analytic technologies facilitate eDiscovery, but many there are many concerns attorneys have about the ability to explain these technologies. This panel of experts peeled back the cover of these tools, and explained in simple terms how they work in practice. The panel of experts looked at both where on the EDRM the black box technology fits in, and what exactly the black box is. While introducing the panel moderator Gilbert Greenman joked, “…the slides may be the only thing this panel agrees upon.”

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How can lawyers learn more about eDiscovery to win cases?

  
  
  

As litigation attorneys grow more technologically savvy, the integration of eDiscovery practices congruently become more widespread.  More law firms are accepting the fact that cultivating electronically stored information (ESI) can help them win their cases.  However, there is large subset of attorneys that wince at the very thought of dealing with ESI and will avoid it all costs.  Perhaps it is because they do not understand its use, have heard horror stories about the financial burden that eDiscovery may cause, or that they are afraid of the enormous consequences that exist with sanctions.  Regardless of the reasons, many law firms and lawyers from around the world are consciously refusing to explore proven methods that can assist them in winning their clients’ cases.  Nevertheless, they are in luck, because it is not too late for them to learn how to utilize eDiscovery to provide them more options to win their cases.

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Social Media Creates eDiscovery and Data Privacy Challenges

  
  
  

Practical Considerations

(Part 3 continued from post) If a corporate entity sanctions or approves the use of social media messaging for business services, it may be best to have users open “business sanctioned” accounts which will hold only business records. This may not be ideal; but it would divide public from private messages and make life easier on all parties (employees and corporate records managers/corporate counsel).

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Social Media and eDiscovery

  
  
  

Evolution of Communications: Are Email’s Days Numbered?

 (Continued from post) There are those who wonder when email will be supplanted by Facebook messaging, or LinkedIN messages, or by some social media site we perhaps don’t know about quite yet. In a recent blog post, Jeremiah Owyang writes about how he views the days of email being numbered. He writes that Facebook is often the preferred communication mechanism for avid Facebook users, and that the average age of a Facebook user is now advancing above the age of 35 years. This statistic shows that those who currently only use email to talk to “old people” are rapidly getting absorbed into the corporate world where messaging may be only handled by social media sites (read: Facebook).

The 2011 ILTA Conference

  
  
  

Whether attending for the daily panels, networking sessions, cocktail parties, or to browse the exhibit hall, the 2011 ILTA Conference brought together legal and IT professionals from all over the globe.

The Cloud and The New eDiscovery

  
  
  

 The cloud and the new eDiscovery was the topic of discussion this past Tuesday at The eDiscovery Breakfast Club event sponsored by Digital Reef.

e discovery | Dodging e discovery disasters with three best practices

  
  
  

Over the course of April and May, Digital Reef hosted a three part webinar series on “eDiscovery Best Practices” led by industry experts. The webinars addressed many eDiscovery issues and gave insight into how to avoid eDiscovery disasters, while also providing a variety of ways to implement new eDiscovery strategies.  The webinar series did so by fostering many lively discussions and providing all participants with relatable real world examples.

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