Best Practices to Simplify Future E-discovery
Part Two of a Two-Part Series
Just as the legal industry had to scramble to figure out how to handle email and other electronic documents a couple decades ago, e-discovery practices must once again shift to account for the realities of business being conducted via chat and the massive amounts of new types of data that chat platforms generate.
Part One of a Two-Part Series
The informality of chat culture not only makes chat data harder to search, it also results in huge volumes of a new kind of data that must be processed in unique ways before it can be reviewed.
It's fascinating how quickly the industry has shifted from the days when e-discovery teams would spend weeks digitalizing and coding vellum, microfiche and paper documents to where we are today with dynamic and varied processes to deal with a plethora of electronic sources. Among these are websites, which can provide deep insights in discovery, but have been largely forgotten as a source of evidence.
Basic ESI preservation steps, including litigation holds, relevant source checklists, and follow up steps with custodians may not be enough in some instances. Given the frequency of data loss from custodial and non-custodial sources, companies should also consider incorporating remediation strategies into their approach to preservation to better ensure defensibility.
The thinking in the legal world regarding e-discovery has so changed that, as with many other ideas and tools that were once novel, those ideas lost their novelty as those in the legal community became comfortable with them and thought of them as simply different ways of articulating ideas and tools long used in the legal world.
The true extent of funding amounts fueling legal tech and e-discovery software companies will likely never be widely shared. The reason is simple: Without regulatory requirements, the competitive risks of disclosing these investments regularly outweighs any potential benefits.
Human review of documents will continue to play a huge part in the ediscovery process. Managing reviewer training and accuracy can make or break the budget for your matter.
Being charged per gigabyte by an e-discovery software platform isn't new, but it can still be a budgetary drain for law firms that handle many large e-discovery matters.
Emojis are an important aspect of everyday communication in 2021. Given their ubiquity, there should be little surprise that emojis have become a key source of evidence in civil and criminal cases.
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
The pandemic has spurred analysis of legal issues as businesses grapple with their respective relationships with both private and public entities. In this article, the authors examine Section 525 of the Bankruptcy Code — the anti-discrimination section, and its implications during COVID-19.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Although the court stressed that, by vacating certain of former NY State Assembly Speaker Sheldon Silver's counts of conviction, it was clarifying and not altering the "as opportunities arise" theory, it nevertheless emphasized that this theory requires particularity with respect to the "question or matter" that is the subject of the bribe payor and recipient's corrupt agreement.
