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The next major TAR case after da Silva Moore was Kleen Products LLC, et al., v. Packaging Corporation of America, et al. (N.D. Ill. Aug. 21, 2012), which was significant for its analysis of the method selection question and for its very educational hearing transcripts, which include extensive discussion of Boolean searching, technology-assisted review, and validation methodologies.

Our monthly legal eDiscovery news round-up features the potential end of the EU-US Privacy Shield, a new procedural rule supporting the use of technology-assisted review, and more new cryptocurrency developments, as well as recent cases, publications, and XDD content.

The year after technology-assisted review first rose to prominence in eDiscovery, Monique da Silva Moore, et al., v. Publicis Groupe SA & MSL Group (S.D.N.Y. Feb. 24, 2012) became the first case in which the use of TAR was judicially approved, and Magistrate Judge Peck’s order approving its use in that case included topical education and legal analysis that was very impactful during TAR’s rise.

Technology-assisted review (“TAR”) first rose to prominence in the legal industry around 2011 under the name predictive coding. Although growth has remained slower than expected, signs of TAR’s continued growth and importance abound, and case law continues to accumulate. From 2012’s da Silva Moore, to 2017’s Winfield and beyond, this series will survey the case law in this area to provide you with the available guidance from the courts.

As social media has been working its way ever deeper into our relationships, professional activities, and culture, its impact on discovery has been growing as well. Unfortunately, the nature, diversity, and volume of social media data continue to present a variety of technical and legal challenges for practitioners. So, we are revisiting this topic – one of our most popular of last year – updated with new usage data, new revelations about available ESI, new rule amendments and cases, and more.

Most cases involve collection from a range of sources beyond individual custodians’ computers, which can entail unique complications. The other major categories of sources are: enterprise systems, mobile devices, social media sources, and cloud sources.

Our monthly legal eDiscovery news round-up features a proposed change to a deposition rule, the closing of an avenue of iPhone access, ongoing GDPR adaptation struggles, and more cryptocurrency developments, as well as recent cases and XDD content.

In-person collections are the most traditional approach, and they typically involve sending the professional to the custodians and their devices. When custodians are too numerous or distributed, remote collections can be performed, most often by using shipped drives and administration over the internet.

Our monthly legal eDiscovery news round-up features a new source of guidance on digital forensics, criminal defendants and obtaining social media materials under the SCA, and immediate court challenges to Facebook and Google under the now-effective GDPR, as well as recent cases, useful publications, and XDD content.

Over the past few years, cryptocurrencies have exploded in popularity and in number, driven in large part by the phenomenal price growth of Bitcoin and Ethereum. In this short series, we’ll provide an overview of five essential things for legal practitioners to know about cryptocurrency, including: what it is, how it works, why people use it, what’s happening legally, and what the discovery implications are. Part 3 reviews legal activity and discovery implications.

Over the past few years, cryptocurrencies have exploded in popularity and in number, driven in large part by the phenomenal price growth of Bitcoin and Ethereum. In this short series, we’ll provide an overview of five essential things for legal practitioners to know about cryptocurrency, including: what it is, how it works, why people use it, what’s happening legally, and what the discovery implications are. Part 2 discusses how it works and why it’s used.

Over the past few years, cryptocurrencies have exploded in popularity and in number, driven in large part by the phenomenal price growth of Bitcoin and Ethereum. In this short series, we’ll provide an overview of five essential things for legal practitioners to know about cryptocurrency, including: what it is, how it works, why people use it, what’s happening legally, and what the discovery implications are. We begin in Part 1 with what it is.