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.
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.
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.
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.