Migrated from eDJGroupInc.com. Author: Chuck Rothman. Published: 2012-04-04 09:00:46 Although Processing is smack dab in the middle of the EDRM, little real consideration is paid to it. When going through the various EDRM steps, processing does play a role, but to most practitioners, processing is equivalent to a cost item on the e-discovery budget sheet, and little more. If you know the volume of [...]
A good friend shared an interesting story over the weekend about how the Michigan State Police routinely collect forensic snapshots of mobile phones during traffic stops. Apparently the American Civil Liberties Association (ACLU) is investigating the MSP’s use of the CelleBrite UFED kit during minor traffic stops without a warrant. At first, this seems outside the arena of civil electronic discovery. However, the story headline claims that the CelleBrite UFED only takes 2 minutes to image a mobile phone. The fact that they are being used by a state patrol officer during a traffic stop certainly backs up this time frame, but I could not find any performance information on the CelleBrite site. I see the new generation of mobile forensic technologies breaking down corporate ‘unduly burdensome’ arguments that have managed to exclude these devices from the discovery scope of many/most cases. After all, a plaintiff can now point to this article and ask, “Why can’t you use a similar device to preserve all custodian phones during your initial interviews?” Widespread use by non-geeks on roadside traffic stops certainly makes that a tough argument to fight.
I had the opportunity to attend eDJ’s Peer Group meetings last week, where the topic of discussion was information governance (IG). The Peer Group meetings are fascinating because real IG practitioners speak up about very real issues. I was struck by how daunting the challenge of truly governing information is. As electronic data grows exponentially, managing the risk that information poses is harder and harder. For every effort a company takes to safeguard information, employees create a workaround if that effort impinges on the velocity of information. In turn, those workarounds lead to a vicious circle of eDiscovery nightmares.
Migrated from eDJGroupInc.com. Author: Chuck Rothman. Published: 2012-04-11 09:00:36 E-Discovery processing involves much more than just multiplying the number of gigabyte by the per-gig rate. In the first part of this series, we looked at what processing does under the hood, and how to ensure that duplicate records are properly identified. This part continues the discussion.Emails and AttachmentsWhen the email is extracted from its [...]
Migrated from eDJGroupInc.com. Author: Amber Scorah. Published: 2012-04-12 09:00:15 PART TWO OF INTERVIEW WITH JONATHAN WILANPartner at Hunton & Williams LLP With the exploding rate of data growth, data remediation is a serious exercise that all companies must consider.In part one of this series, I spoke with Jonathan Wilan, Partner at Hunton & Williams LLP, about the risks of not having a data remediation [...]
Migrated from eDJGroupInc.com. Author: . Published: 2012-04-13 16:58:27 The eDiscoveryJournal team is excited about our expanded coverage of the eDiscovery and Information Governance areas. The feedback from our readers has been extremely positive about our posts and articles, and we are determined to continue providing quality content. We are excited to announce the addition of three new contributors to the eDiscoveryJournal site.Brian Flatley is [...]
I have read more eDiscovery caselaw and commentary on these two matters in the last month than I ever wanted to. Although the issues around Technology Assisted Review (TAR) are important, it appears that the fervor and hype is being driven primarily by a wide variety of parties who are attempting to capitalize on the matters. Call me naïve, but it astounds me that any eDiscovery consultant or provider participating in an active case would publicize hearing transcripts, create press releases or otherwise put their own interests ahead of their clients. In Da Silva Moore the parties demonstrated laudable cooperation and agreement prior to the first hearing. They agreed to a relatively transparent protocol to tackle a massive collection. All of that has broken down and now there appears to be what could be a concerted effort to discredit magistrate judge Peck and force a recusal. Wow. Would this promising case have turned so acrimonious without the heavy publicity and marketing budgets of TAR providers? Possibly.
Migrated from eDJGroupInc.com. Author: Chuck Rothman. Published: 2012-04-17 11:00:05 Parts 1 and 2 of this series illustrated some of the issues that should be considered when processing electronic records. This final part continues the discussion and ends with a checklist of questions to ask, in addition to the per-gig cost.Searchable ContentMost electronic records contain words. Some are typed into a computer, some are scanned [...]
While companies embrace The Cloud for various business purposes, the ability to conduct eDiscovery on information stored in The Cloud tends to be an afterthought – less than 16% of respondents in eDJ’s survey last year reported creating an eDiscovery plan before moving data to The Cloud. This number is not surprising. eDiscovery is not exactly the sexiest topic in the world and, unless a company has been burned before, there is less urgency to prepare for it. In addition, many just assume that, as long as data is searchable, eDiscovery requirements are met. It is not as simple as that, unfortunately. Recently, though, eDJ was briefed on product aimed at making eDiscovery of data stored in The Cloud possible in an efficient manner.
Migrated from eDJGroupInc.com. Author: Kevin L. Nichols. Published: 2012-04-23 10:04:44 The Masters Series completed its latest installment last week in San Francisco. Its purpose is to shorten the divide between the recent technological advances in eDiscovery, data protection, records management, and other relevant areas. Although various topics involved eDiscovery, such as procurement, predictive coding, IP litigation, and data privacy, this article focuses on the [...]