Although there are data breach notification laws on the books in 48 States that require companies to inform consumers about potential breaches, companies are loathe to make such disclosures. In fact, a data breach disclosure opens the door to litigation, invites scrutiny from investors and the consuming public, and hardly bodes well for a company’s
Technology has revolutionized, among other things, the way people conduct business, store information and communicate with others. And, despite the many efficiencies and benefits of technology, a downside of this “revolution” is the creation of countless files that may later be subject to review and potential production during litigation /investigation proceedings. Indeed, even relatively small
Anyone reading this blog has likely heard about metadata and its potential role in a litigation (See, “Never Agree to Do Something Your Client Cannot Do;” “The Perils of Self-Collection;” and “A Lawyer’s Obligation to be Technologically Competent – Part 4”). But we must remember that if
Electronically stored information (“ESI”) is ubiquitous and most people and companies are utilizing paperless documents in some form (i.e., e-mails, text messages, IMs). The many forms of ESI coupled with the introduction of varying data sources such as smartphones, cloud storage, iPads, and tablets, has dramatically expanded the available potential sources of discovery in a
In recent years, there has been a dramatic increase in e-discovery vendors. While having more vendor options to choose from may seem like a good thing, the surge in vendors can make it difficult to differentiate among them, and to compare the relative strengths and weaknesses of each. It is therefore critical that law firms
The issue of production format when dealing with ESI is often the subject of discussion and disagreement. If possible, the parties to the litigation should agree at the outset to the production format. In fact, a conversation about production format, metadata and redactions (among other things) should occur at the preliminary conference and/or the Rule
I am often asked by clients and subscribers to the blog, What is E-discovery? And so, this week’s post is intended to respond to that question.
E-discovery is the abbreviated term for electronic discovery and refers to the process in which electronic data (as compared to paper or object information) is sought, located, secured, reviewed
Whether we like it or not, a reality of today’s world is that often important business is conducted by text messages. And so, when it is time to issue a litigation hold notice, you must include an instruction to preserve text messages as well as the devices from which they are sent/received (i.e., smartphones). Your
Rule 1 of the Federal Rules of Civil Procedure calls upon courts and litigants to “secure the just, speedy, and inexpensive determination of every action and proceeding.” And so, it comes as no surprise that technology assisted review (“TAR”) is being widely embraced by the legal profession.
What is TAR?
TAR (also called predictive coding,
De-duplication (“de-duping”) is the process of comparing electronic records based on their content and characteristics and removing duplicate records from the data set so that only one instance of an electronic record is produced when there two or more identical copies. De-duplicating a data set is a smart way to reduce volume and increase efficiencies