The universe of electronically stored information (ESI) is expanding like, well, the Universe. This presents a challenge to legal firms, companies, and ediscovery practitioners with respect to ESI management and preservation. Just consider the breadth of ESI that needs to be considered in a law firm’s preservation letter demand. While a preservation demand of the
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As COVID-19 Numbers Continue to Rise, COVID-19 Litigation Appears to Follow
While the Worldwide COVID-19 pandemic has certainly put a damper on U.S. economic activity, some folks in the legal profession are going to profit from it. After all, litigators gotta litigate and the viral contagion has opened up numerous avenues upon which to lodge a legal complaint in search of recompense. In fact, as of…
eDiscovery AI: What Does It All Mean?
The potential and capabilities of ediscovery software have been greatly enhanced by ediscovery AI. AI in ediscovery has improved the speed, accuracy, and reach of ediscovery efforts while decreasing the cost associated with complex litigation.
At Now Discovery, our Lumix platform makes the most of these advancements while maintaining the affordability and user-friendliness we’re known…
Spiders In Your Docs? Removing Bugs In Full Compliance With Discovery Rules
Last year at the Harvard Legal Technology Symposium, renowned ediscovery expert David Horrigan recounted a slightly disturbing discovery tale. Back in the good ‘ol paper-based discovery days, boxes of documents arrived for discovery with the assigned associates and paralegals eager to delve in. Unfortunately, the boxes were filled with venomous brown recluse spiders, meaning…
eDiscovery In The Cloud: Does the Process Work?
While cloud technology is a godsend to consumers everywhere, cloud technology can significantly complicate the process of ediscovery. Because a party to litigation is no longer in sole custody and control of their data, they may be unaware of where in the world their data is located, how to access it, or even who to…
China’s New Civil Code Modernises its Data Protection Framework
China’s ‘Belt-and-Road Initiative’ is a comprehensive infrastructure plan of the Chinese Government, designed to shore up its international trading routes. While developing that plan, China has also constructed the Civil Code of the People’s Republic of China (‘Civil Code’) to consolidate its disparate civil law in a comprehensive code for the first time: An ‘electronic…
Schrems Shreds the Shield: EU Court Decision Invalidates Data Transfers to the United States
One of the major questions with the European Union’s General Data Protection Regulation (‘GDPR’) was always going to be how it would deal with cross-border data transfers: Transferring personal data from the EU to other countries. A decision last month from Europe’s highest court, the Grand Chamber of the European Court of Justice, Data Protection…
Pondering Implications of Ghislaine Maxwell eDiscovery
If you were, or are, an ediscovery practitioner involved with legal issues, you likely ponder about ediscovery implications of particular cases. For example, how about any ediscovery implications involved with United States v. A&L Mayer Associates, Inc. (Cr. 96-232)?
Talk about some scintillating ediscovery reading! Sure thing, if you’re interested in Tampico fiber (whatever…
Cybervillainy Paused? Data Breaches Down Significantly First Six Months of Year
Data breaches tend to get plenty of press, such as last year’s hack of Capital One that stole the data of more than 106 million people who had applied for credit with the company, or—more salaciously—the 2015 data breach of extramarital affairs dating site Ashley Madison. And perhaps they’ve become so commonplace that the press…
Please Don’t Delete ‘Toy Story 5’! A Plea For Data Protection Rules
Have you heard the one about how Toy Story 2 was accidentally deleted before release, and almost lost for good? Only by pure miracle was the film saved. In this blog post, I look at:
-What happened;
-Some of the data protection rules (including personal data laws and discovery rules) that require protection of data…
Electronic Discovery in Criminal Cases, a Problematic Undertaking
Electronic discovery in criminal cases has long been a problematic undertaking for prosecution services and police departments across Canada. My experience in northern Manitoba, Canada suggests that many departments, particularly those in rural or remote regions, struggle to deliver practical and usable electronic discovery on a timely basis.
Major Theft, Major Problems
I first learned…
eDiscovery Serves to Publicly Air Hollywood Star’s Self-Reputation-Besmirching Text Messages
Text messages, as most everyone knows, are subject to ediscovery, and pretty much everyone these days texts, including Hollywood mega stars. One Hollywood celeb, though, is probably wishing that he spent more of his cell phone time talking rather than texting, as his cell phone’s voluminous library of past text messages has become key evidence…
Black Mirror or Not, What Does China’s Social Credit System Mean For Corporate eDiscovery Processes?
The Netflix Black Mirror episode ‘Nosedive’ took place in an alternate universe: Individuals were able to rate all their interactions with each other between one and five stars. An Uber for everything – if you will. This rating determined your status in that society.
Some have compared China’s Social Credit System to the ‘Nosedive’ system,…
(Allegedly) Defamed Dentist vs. Anonymous Online Review
Google has declared on numerous occasions its commitment to protecting reviewer anonymity. A decision of the Federal Court of Australia earlier this year has poked a major hole in Google’s ability to preserve this anonymity. Here I set out the reasoning in Kabbabe v Google LLC [2020] FCA 126, and explain what this means…
R. v. Cheung – An Early Electronic Discovery Nightmare
In R. v. Cheung, 2000 ABPC 86, 34 accused were jointly charged with conspiracy to commit an indictable offense and participating in a criminal organization. As with most large scale criminal organizations, there were, of course, other charges as well.
31 of the accused were remanded in custody with their bail having been denied…
New Zealand’s Hot and Fresh Privacy And Data Protection Laws
A New Zealand Member of Parliament (MP) recently got in hot water for releasing to the media sensitive health information about COVID-19 patients. Just how the MP got access to this information is still unclear, but it’s fair to say New Zealand’s data protection and privacy laws have been in need of an overhaul for…