Tips & Traps

XDD’s Scott Polus shares insight with ACEDS’ Jason Krause about complications related to cloud-based data collection and review of that ESI.

Mobile devices have changed from a frivolous luxury item to an essential life tool in short order for the majority of people today. XDD Director of Forensic Services, Scott Polus, shares some considerations and helpful tips when preparing/collecting data from mobile devices.

Managing and storing data in the cloud can be the most cost-effective solution for many; however, serious due diligence is required to ensure that all data is protected and to guarantee eDiscovery best practices.

Beyond the threat of malpractice, attorneys are required to abide by the ethical expectations of competence when handling eDiscovery. To maintain the knowledge and skill required for competent representation, attorneys must pursue continuing legal education in their practice and in eDiscovery.

Offshore legal services offer significant savings in terms of both time and money, and, when managed correctly, can yield excellent results.

Most agree that computer forensics examiners should be certified and licensed in some capacity, but should they be required to hold a PI license?

What e-discovery and data management issues keep in-house counsel up at night? XDD’s Jordan Serum discusses four common concerns and how to address them.

Having a well-written litigation hold notice is not just essential for compliance with the FRCP, but it will save time and money by keeping nondiscoverable, irrelevant information out of your data set.

Modern litigation has gotten technologically complex, and in many cases, it makes more sense to let the “experts” handle the e-discovery side of things. Of course, this is only true if the vendor understands what you want and can produce those results.

Improving efficiency typically yields lower costs too – a win-win in litigation. In this article, XDD’s Dave Jensen offers suggestions to improve your next review.

Recent case illustrates the importance of properly managing electronic data through the implementation of strong data retention and litigation hold policies in order to avoid sanctions.

In a recent judicial opinion, severe sanctions were imposed for the defendant not properly identifying and preserving cloud-based data which would have been important to the case. XDD’s Dave Jensen offers insight to what should be learned from the case.

The e-discovery world has been buzzing over the proposed amendments to the FRCP, with revisions to Rule 26(b) placing the concept of proportionality front and center in defining the scope of the discovery process.

The dangers of corporate self-collection of data during litigation are well-documented. While the pracitce is fraught with potential problems, is self-collection necessarily a bad thing? Is it worth it? Should internal resources ever be used? Because each matter is different, it’s helpful to consider a variety of issues before formulating a plan.

Let your managed review team do the heavy lifting, but do not send them in blind. A well-drafted protocol will set clear guidelines and help ensure your end goals are met.

If you are a health care provider and subject to HIPAA regulations, texting anything that includes protected health information (PHI) is a security concern.

In this era of Big Data, companies can take steps to reduce the costs of defending themselves in litigation.

With the advent of technology-assisted review and its increasing acceptance by courts and practitioners alike, is it is time to re-examine the importance of keyword searching in your e-discovery workflow?

Attorneys often ask, “What do I need to know about eDiscovery?” They don’t realize that it’s more important to prepare for eDiscovery than to worry about what you don’t understand.