× To read Now Discovery's COVID-19 Preparedness Plan, please  click here.

The Lumix Blog.

Tech & Software

3 Challenges in Digital Forensics for Crime Investigation

  • By Hira Saaed
  • April 19, 2020
  • 506 Views 4 Min Read

It may come as a surprise to you all, but unlike many other forms of physical evidence, digital evidence is easy to alter, remove, or hide.

Tech & Software

Pushback on Police Use of Facial Recognition as First Known Arrest of Innocent Suspect Comes to Light

  • By M.J. Moye
  • July 12, 2020
  • 439 Views 3 Min Read

The use of the technology for policing purposes is controversial in part because there are no national standards dictating the effectiveness of the various facial recognition algorithms being used.

Around the World

What Does Attorney-Client Privilege Mean for eDiscovery? A Lesson from Australia

  • By Drew Donnelly
  • June 3, 2020
  • 802 Views 2 Min Read

In this article I look at the impact that attorney-client privilege can have on discovery proceedings, drawing on an influential 2013 decision of Australia’s highest court.

Around the World

Our 'Around the World' section will inform you with news and updates on ediscovery around the globe.

By Drew Donnelly

New Zealand Considers Changes to Scope of Discovery (and eDiscovery)

In New Zealand, the required procedure for civil court action is set out in a set of rules for the...

November 11, 2020
27 Views 3 Min Read

By Drew Donnelly

How is Europe’s New Data Strategy Going to Affect Discovery?

The European Commission (the executive branch of European government) released a new data strategy earlier this year to relatively little...

October 2, 2020
110 Views 3 Min Read

By Drew Donnelly

Spartoo Sanction: Time to Adjust Your Data Protection Practices?

France’s data protection regulator, CNIL, recently announced that it has fined the online shoe retailer, ‘Spartoo’ 250,000 Euros for breaching...

September 24, 2020
147 Views 4 Min Read

By Drew Donnelly

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...

August 11, 2020
364 Views 3 Min Read

By Drew Donnelly

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....

August 11, 2020
336 Views 3 Min Read

By Steven Toews

R. v. Vickerson – Discovery in Criminal Law

Continuing my look at discovery in criminal law, we come to this next, more current, case. In R. v. Vickerson,...

July 12, 2020
469 Views 2 Min Read

By Steven Toews

Computer Discovery – The “I Don’t Have a Computer” Argument

In R. v. Cheung, 2000 ABPC 86, thirty-four accused were charged with participating in a criminal organization and conspiracy to...

July 12, 2020
650 Views 2 Min Read

By Steven Toews

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...

July 12, 2020
518 Views 2 Min Read

By Drew Donnelly

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...

July 12, 2020
597 Views 3 Min Read

By Drew Donnelly

(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...

July 12, 2020
492 Views 3 Min Read

By Drew Donnelly

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...

July 12, 2020
605 Views 3 Min Read

By Steven Toews

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...

July 12, 2020
436 Views 2 Min Read

By Drew Donnelly

Can eDiscovery Tools Be Applied to Freedom of Information Processes?

“A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or...

June 10, 2020
277 Views 3 Min Read

By Steven Toews

Help me, I’m Stubborn: A (Misguided) Request for Paper Disclosure

In R. v. Piaskowski et al, 2007 MBQB 68, the Manitoba Court of Queen’s Bench was confronted with an extraordinary...

June 10, 2020
827 Views 2 Min Read

By Steven Toews

Electronic Document Rules Working Group: Focus on Proportionality

The Electronic Document Rules Working Group was established in 2016 by the Uniform Law Conference of Canada. The purpose of...

June 10, 2020
481 Views 3 Min Read

By Steven Toews

Canadian Access to Information Requests = Difficult eDiscovery

Access to information requests became a sticky proposition for public health authorities in Canada in the latter part of the...

June 10, 2020
644 Views 3 Min Read

By M.J. Moye

Hague Convention’s Role in Cross-Border eDiscovery Gets Boost with Recent Federal Court Ruling

The Hague Convention’s role in cross-border ediscovery got a boost in the U.S. recently as a federal judge deemed that...

June 10, 2020
714 Views 3 Min Read

By M.J. Moye

New GDPR Guidelines Define Consent Around Web Cookies- Any Cross-Border eDiscovery impacts?

Anyone in the U.S. involved with ediscovery issues in the European Union likely keeps a close eye on the European...

June 9, 2020
266 Views 3 Min Read

By Drew Donnelly

What Does Attorney-Client Privilege Mean for eDiscovery? A Lesson from Australia

Attorney-client privilege (sometimes called  ‘lawyer-client’ or ‘legal professional’ privilege) can be applied in a range of different scenarios to protect...

June 3, 2020
802 Views 2 Min Read

By Steven Toews

A Double-Edged Sword: Plaintiff Appeals Order To Turn Over His Metadata

In Laushway v. Messervey, 2014 NSCA 7, the Nova Scotia Court of Appeal considered the case of a bashful plaintiff...

June 3, 2020
414 Views 3 Min Read

By M.J. Moye

Finding Fireworks in National Security Advisor Michael Flynn eDiscovery Motion

Legal motions regarding ediscovery tend to be pretty dry, so when I saw references in a May 6th ediscovery motion...

May 12, 2020
547 Views 3 Min Read

By Steven Toews

eDisclosure Basics in Rural Canada: A Final Word

When I was practicing criminal law in northern Manitoba, Canada, we didn’t have the benefit of a lot of conveniences,...

May 9, 2020
540 Views 3 Min Read

By Steven Toews

eDiscovery Best Practices in Remote Locations

Last week I discussed a couple of cases that illustrate the obligations of the prosecution when providing edisclosure to defense...

May 9, 2020
552 Views 4 Min Read

By M.J. Moye

Cell Phone Text Message eDiscovery Request Deemed Too Broad and “Tardy” by Federal Judge

If you want to take a look at what’s on a defendants’ cell phone as part of ediscovery in a...

May 8, 2020
450 Views 4 Min Read

By M.J. Moye

COVID-19 Privacy Legislation Brings Challenges to eDiscovery

As if ediscovery practitioners and ESI (electronically stored information) compliance managers don’t already have enough data privacy concerns to contend...

May 8, 2020
594 Views 4 Min Read

By M.J. Moye

Will “The Dark Overlord” Case Require Dark Web eDiscovery?

Having never heard of “The Dark Overlord” until coming across the name in the summary of a recent federal lawsuit...

May 8, 2020
515 Views 3 Min Read

By Drew Donnelly

Does eDiscovery in Germany Exist? It’s complicated.

As a new resident of Germany, one discovers the cliché of German efficiency is not entirely accurate. The Berlin-Brandenburg Airport...

May 8, 2020
514 Views 3 Min Read

By Drew Donnelly

Pyrrho and the Evidence for Predictive Coding

The ancient Greek sceptic, Pyrrho of Elis (c. 360 – c. 270 BCE), was the first philosopher to emphasize the...

May 8, 2020
594 Views 4 Min Read

By Drew Donnelly

Proportionality vs Reasonableness in eDiscovery: The Tests

"In law, nothing is certain but the expense" – Samuel Butler.  The cost of civil litigation has an outsized impact...

May 8, 2020
532 Views 4 Min Read

By Drew Donnelly

Kim Dotcom and eDiscovery in New Zealand. What’s the connection?

This man has been referred to as the ‘El Chapo’ of illegal file sharing.  He has been fighting extradition from...

May 8, 2020
679 Views 3 Min Read

By Steven Toews

Challenging Inadequate eDisclosure Systems in Canada

Last week, I mentioned that the edisclosure system we utilized at the Crown’s office in northern Manitoba was likely inadequate....

May 8, 2020
487 Views 4 Min Read

By Steven Toews

eDisclosure in the 19th Century: Welcome to Manitoba

My History Between the years 2012 and 2018 I worked mostly as a Crown Attorney in northern Manitoba, Canada. Crown...

May 8, 2020
522 Views 4 Min Read

By M.J. Moye

How will eDiscovery Work With Lawsuits Challenging China’s COVID-19 Response?

While the personal, social, and economic costs ensuing from the ongoing COVID-19 pandemic may be almost unfathomable, that’s certainly not...

April 22, 2020
447 Views 4 Min Read

By Drew Donnelly

What Your Purchasing Habits (Don’t) Have To Do With eDiscovery

New Data Protection Laws and Global eDiscovery “After a while you learn that privacy is something you can sell, but...

April 19, 2020
557 Views 3 Min Read

By M.J. Moye

The Challenges of Cross-Border eDiscovery and Information Governance

You love the ease of use and intuitiveness of Now Discovery’s Lumix platform for processing the legal review of data,...

April 15, 2020
599 Views 3 Min Read

By Steven Toews

The Sedona Canada Principles At Work

The Sedona Canada Principles are the Canadian version of the Sedona Principles commonly used in the United States. Simply put,...

April 13, 2020
604 Views 4 Min Read

By Hector Corral

10 Steps to Prepare You for a Rule 26(f) eDiscovery Conference

Federal Rule of Civil Procedure 26(f) requires parties to litigation to meet-and-confer early in a case—the rule’s language specifies “as...

January 6, 2020
1562 Views 8 Min Read

Interested?
Let’s get started!