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Even More Mobile Devices Cases – Mobile Device Discovery Series, Part 5

In this case law survey, we are briefly reviewing a dozen cases from across the past five years that have touched on mobile device discovery issues.  We are reviewing them in chronological order: Stinson v. City of New York, No. 10 Civ. 4228 (S.D.N.Y. Jan. 2, 2016), NuVasive, Inc. v. Madsen Med. Inc., No. 13cv2077 BTM(RBB) (S.D. Cal. Jan. 26, 2016), First Financial Security., Inc. v. Lee, No. 14-1843 (D. Minn. Mar. 8, 2016), Living Color Enterprises, Inc. v. New Era Aquaculture, Ltd., No. 14-cv-62216-MARRA/MATHEWMAN (S.D. Fla. Mar. 22, 2016), Brown Jordan Int’l, Inc. v. Carmicle, Nos. 0:14-CV-60629, 0:14-CV-61415 (S.D. Fla. Mar. 2, 2016), and Ronnie Van Zant, Inc. v. Pyle, No. 17 Civ. 3360 (RWS) (S.D.N.Y. Aug. 28, 2017).

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The Final Version of the Sedona Principles, Third Edition, Is Now Available

After a multi-year drafting and revision process, the Sedona Conference has now released the final version of the Third Edition of its influential Sedona Principles for eDiscovery Last week, the Sedona Conference released the long-awaited final version of The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. Reflecting years…

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A New Mobile Devices Case Every Few Months – Mobile Device Discovery Series, Part 4

In this case law survey, we will briefly review a dozen cases from across the past five years that have touched on mobile device discovery issues.  We will review them in chronological order: E.E.O.C. v. Original Honeybaked Ham Co. of Georgia, Inc., Garcia v. City of Laredo, Pradaxa Products Liability Litigation, Hosch v. BAE Systems Information Solutions, Inc., Small v. Univ. Med. Center of S. Nevada, and Rajaee v. Design Tech Homes.

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Because You Need to Know: Monthly News Round-Up for September 2017

A monthly round-up of industry news stories, useful publications, and notable cases of which you should be aware from the preceding month Welcome to “Because You Need to Know,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month.  This post gathers…

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A New Collection Puzzle in Every Pocket – Mobile Device Discovery Series, Part 3

Because of the huge diversity in smartphone and tablet hardware and software, collecting from these sources poses special challenges and requires special tools.  These tools are collection kits akin to those used for forensic acquisitions from traditional computer sources, but they feature connection options for all of the common mobile standards and more specialized software for interfacing with the wide range of potential data formats, file systems, etc. When executing mobile device acquisitions, there are a range of options similar to those available when conducting traditional computer drive acquisitions.  Read on to learn more about the three types of acquisitions and the additional challenges presented by mobile device data after its acquisition.

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ECA Options and Planning Considerations – Data Targeting Series, Part 3

The last segment discusses data targeting options during early case assessment and considerations for overall strategy. During early case assessment (ECA), in almost any modern document review platform, case teams have a powerful set of tools at their disposal for data targeting prior to review. Your goal should be to understand the specifics of the options available in your source systems and your discovery tools so that you can assess which ones will be most useful to you in each specific project and how aggressive you should be in your overall targeting efforts. Read on to learn more about data targeting tools that can be used prior to review.

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A Different Diary in Every Pocket – Mobile Device Discovery Series, Part 2

Smartphones are far and away the most used type of mobile device (57% of all digital minutes, compared to just 9% for tablets).  Because of their importance, most organizations want their employees to use them for work, and employees typically want to be able to work on them.  A majority of companies now have or are planning to adopt BYOD-friendly policies, and many organizations are planning to start requiring employees to bring their own device.  As a result, a BYOD organization will have a veritable cornucopia of different smartphones in use by its employees.

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Data Targeting During Collection and Processing – Data Targeting Series, Part 2

In this segment we review the data targeting options during the collection and processing phases. The extent to which the right data can be targeted during the collection phase will depend primarily on the specific devices and systems from which you are collecting. Once your material has been collected and you are ready to begin processing the data, another range of data targeting options is available to you. In addition to standard removal of known system files, duplicate files, and duplicate messages, there are several filtering options you can dive into.

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A Supercomputer in Every Pocket – Mobile Device Discovery Series, Part 1

Today, the average smartphone “has more computing power than all of NASA when it put the first men on the moon in 1969.” The vast majority of your key players and other custodians will have one in their pocket. But what about business use?  As of 2015, 80% of people were using texting for business purposes.  Another survey found that, in 42% of financial services organizations, employees had requested authorization to use text messaging for business – double the 21% reported in 2016.  The same survey found that 83% of organizations now allow employees to use their personal devices for business communication. As a result, mobile devices are turning up frequently as relevant sources in litigation. Learn more about these trends and how they are growing into areas of concern.

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Target More, Spend Less – Data Targeting Series, Part 1

eDiscovery continues to evolve but remains a costly endeavor. To more narrowly target the right data prior to review, there are a range of tools and techniques available in each prior phase–before litigation, during collection and restoration, during processing, and during early case assessment and review preparation.  To leverage these tools and techniques effectively, you will need to think about discovery as more than just a legal activity–you will need to think about it as an information management and retrieval exercise. Read on to learn more about the key data targeting options available to you in each project phase, from simple data mapping to full technology-assisted review.

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Because You Need to Know: Monthly News Round-Up for August 2017

A monthly round-up of industry news stories, useful publications, and notable cases of which you should be aware from the preceding month Welcome to “Because You Need to Know,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month.  This post gathers…

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Privilege, Evolution, and Key Takeaways – Hold On Series, Part 7

In most situations, legal hold notices are communications from an in-house counsel or an outside counsel to employees of an organization, which brief them on a legal situation and the need to hold materials for it.  As such, legal hold notices are typically considered both privileged attorney-client communications (because they are the communication of legal guidance) and protected attorney work product (because they reveal the attorney’s thinking about the matter). In addition to remembering to think about newer sources like mobile devices and social media and about the deliberately-expansive definition of “documents” used by the rules, you must remember that technology is constantly evolving. Until recently, auto-deleting messaging apps did not exist, and now, they are used by 56% of smartphone owners ages 18-29. Technology will continue to leap forward, and legal expectations will follow slowly behind.  You won’t be expected to consider a newer source, until one day you are.

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