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In this multi-part update series, we are reviewing recent statistics, news, resources, and cases related to social media in eDiscovery and the technical and legal challenges it creates for practitioners. This part discusses recent social media cases touching on discoverability, spoliation, and ephemeral messaging.

In this multi-part update series, we are reviewing recent statistics, news, resources, and cases related to social media in eDiscovery and the technical and legal challenges it creates for practitioners. This part discusses three aspects of social media evidence have become frequently-discussed areas of growing or potential challenges for practitioners: ephemeral messaging, emoji, and deepfakes.

As a review of almost any day’s news will demonstrate, social media remains an influential, indispensable part of American life, and its impact on discovery has been growing proportionately. In this multi-part update series, we will review recent statistics, news, resources, and cases related to social media in eDiscovery and the technical and legal challenges it creates for practitioners.

Our monthly legal eDiscovery news round-up for January 2020 features forensic access to iPhones, judicial concern about ephemeral messaging, and GDPR-based discovery objections, as well as recent cases and a variety of new XDD educational content.

Throughout the year, XDD rounds up industry news stories, noteworthy cases, and more in monthly “Because You Need to Know” posts. In this series, we are reviewing some of the biggest developments and most interesting cases from across 2019. In this final Part, we discuss selected proportionality cases from 2019 and a few other cases of note, including cases discussing nonparties’ duty to preserve, inadvertent disclosure, and Google Maps authentication

Throughout the year, XDD rounds up industry news stories, noteworthy cases, and more in monthly “Because You Need to Know” posts. In this series, we are reviewing some of the biggest developments and most interesting cases from across 2019. In this Part, we discuss selected ESI spoliation sanctions cases from 2019.

Throughout the year, XDD rounds up industry news stories, noteworthy cases, and more in monthly “Because You Need to Know” posts. In this series, we are reviewing some of the biggest developments and most interesting cases from across 2019. In this Part, we discuss selected social media and mobile devices cases from 2019.

In this series, we will review some of the biggest developments and most interesting cases from across 2019, including: data privacy developments, continued source proliferation, state rule changes, useful new publications from Sedona and others, and more than two-dozen new cases discussing a range of eDiscovery issues. We begin, in this Part, with a review of 2019 news to know.

Our monthly legal eDiscovery news round-up features an update on the Standard Contractual Clauses case, standardized legal activity language, and cybersecurity risks for the legal industry, as well as recent cases and new XDD educational content.

Our monthly legal eDiscovery news round-up features source proliferation challenges, cybersecurity concerns, and data privacy developments, as well as recent cases and new XDD educational content.

We have discussed the major questions of what qualifies as reasonable steps, what it is a sufficient showing of intent to deprive, and whether courts can opt for inherent authority despite FRCP 37(e). Beyond those major questions, there are others, of which practitioners should be aware, that affect whether and what sanctions are imposed, including: whether there has been irretrievable loss, whether there has been prejudice, and other factors.

As we discussed in the last Part, one of the primary goals of the December 2015 Amendments to the Federal Rules of Civil Procedure was to increase predictability and consistency for litigants by eliminating jurisdictional variations in ESI spoliation standards, their application, and the associated penalties. Ensuring predictability and consistency, however, would require foreclosing other alternatives for addressing ESI spoliation.