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The Sedona Conference on BYOD – Mobile Devices Update, Part 5

Last year, to help practitioners navigate the vagaries, The Sedona Conference released a guidance document on BYOD issues: “The Sedona Conference Commentary on BYOD: Principles and Guidance for Developing Policies and Meeting Discovery Obligations.” This document attempts to clearly articulate the issues that need to be considered, including factors for assessing each issue, downstream discovery implications, and legal standards that may apply.

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One More Case and Key Takeaways – Mobile Devices Update, Part 4

As we noted in “A Few Recent Cases,” the frequency with which cases have had to address mobile device issues has steadily increased over the past few years. From preservation obligations, to proportionality challenges, to privacy concerns, mobile devices have become a discovery battleground. In this Part, we conclude our chronological review of a sampling of those recent cases and see what additional guidance can be gleaned from them.

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A Few More Recent Cases – Mobile Devices Update, Part 3

As we noted in the last Part, the frequency with which cases have had to address mobile device issues has steadily increased over the past few years. From preservation obligations, to proportionality challenges, to privacy concerns, mobile devices have become a discovery battleground. In this Part, we continue our chronological review of an assortment of those cases to see what additional guidance can be gleaned from them.

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Because You Need to Know: Monthly News Round-Up for July 2019

Our monthly legal eDiscovery news round-up features a new XDD acquisition, new EU/UK data privacy developments, and new US data privacy developments, as well as recent cases and new XDD educational content.

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A Few Recent Cases – Mobile Devices Update, Part 2

Over the past few years, the frequency with which cases have had to address mobile device issues has steadily increased. From preservation obligations, to proportionality challenges, to privacy concerns, mobile devices have become a discovery battleground. In this Part, and in Parts to come, we will review an assortment of these cases, in chronological order, to see what additional guidance can be gleaned from them.

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Who Does the Reviewing, Review Fundamentals Series Part 3

Now that you have made decisions about what you are going to review and for what you are going to review it, you need to make decisions about who is going to perform that review. Broadly speaking, your choices are internal resources (i.e., the case team, existing corporate or firm staff) and external resources (i.e., contract reviewers, managed review services).

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Data on the Move – Mobile Devices Update, Part 1

Almost two years ago, we discussed the phenomenal power and surging popularity of mobile devices – primarily smartphones – and the implications they have for discovery. Since then, the importance of smartphones and other mobile devices as discovery sources has only grown, with new news, new cases, and new guidance all becoming available.

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Because You Need to Know: Monthly News Round-Up for June 2019

Our monthly legal eDiscovery news round-up features a new CEO at Relativity, a new US-EU evidence agreement in the works, and a new set of rules in Michigan, as well as recent cases, industry publications, and new XDD educational content.

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For What It Gets Reviewed, Review Fundamentals Series Part 2

In this Part, we turn our attention to second of our five aspects of review: for what your review set gets reviewed, including: relevance and responsiveness, privilege, confidentiality, and deposition preparation.

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The Main Event, Review Fundamentals Series Part 1

In this series, we turn our attention to the most time-consuming and expensive phase of an electronic discovery effort: document review. To help you to meet its challenges, we’re going to break review down into five subparts and discuss each in turn: what gets reviewed, for what it gets reviewed, by whom it gets reviewed, workflow design considerations, and quality control. We begin, in this Part, with what gets reviewed.

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Because You Need to Know: Monthly News Round-Up for May 2019

Our monthly legal eDiscovery news round-up features commentary on new developments in eDiscovery and legal technology education and the importance of metadata in medical malpractice cases, as well as recent cases, industry publications, and new XDD educational content.

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Two More Cases Focused on Privacy – Proportionality Update, Part 4

In our prior review of cases, we reviewed early cases that made it clear cost was just one factor among many, and that non-financial factors, such as public interest or privacy considerations, can outweigh financial ones, under the right circumstances. We conclude our review of new cases with one more case from 2018 (Henson) and one from 2019 (Santana) that both focus on privacy considerations.

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