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Tips, Trends & Best Practices

The Path To Free eDiscovery

  • By Hector Corral
  • September 9, 2020
  • 114 Views 3 Min Read
With over 15 years in the ediscovery game, I find one thing remains constant: not a day goes by that I don’t have at least one person ask, “Why is ediscovery so expensive?” As someone who has held leadership roles with several different ediscovery providers, I hate to say it,...

Law & Policy, Tech & Software

eDiscovery In The Cloud: Does the Process Work?

  • By Steven Toews
  • August 11, 2020
  • 210 Views 4 Min Read
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...

Around the World, Law & Policy

China’s New Civil Code Modernises its Data Protection Framework

  • By Drew Donnelly
  • August 11, 2020
  • 159 Views 3 Min Read
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...

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Tips, Trends & Best Practices, Uncategorized
By Drew Donnelly

How Can You Ensure Cyber Security During eDiscovery?

A few weeks ago New Zealand’s stock exchange was forced to close for four days due to a concerted cyber...

September 16, 2020
57 Views 3 Min Read

Ediscovery News
By M.J. Moye

Teenage Cybercriminal Mastermind Behind Twitter Hack

If you rely on your children/teenagers for household tech support, then it probably will not surprise you to learn that...

September 14, 2020
62 Views 4 Min Read

Tips, Trends & Best Practices
By Hector Corral

The Path To Free eDiscovery

With over 15 years in the ediscovery game, I find one thing remains constant: not a day goes by that...

September 9, 2020
114 Views 3 Min Read

Ediscovery News
By M.J. Moye

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...

August 26, 2020
177 Views 3 Min Read

Tips, Trends & Best Practices
By M.J. Moye

Capture Universe of ESI, Enhance Your Preservation Demand

The universe of electronically stored information (ESI) is expanding like, well, the Universe. This presents a challenge to legal firms,...

August 26, 2020
158 Views 3 Min Read

Ediscovery News
By M.J. Moye

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...

August 11, 2020
179 Views 3 Min Read

Ediscovery News
By M.J. Moye

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...

August 11, 2020
370 Views 3 Min Read

Around the World, Law & Policy
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
182 Views 3 Min Read

Around the World, Law & Policy
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
159 Views 3 Min Read

Law & Policy, Tech & Software
By Steven Toews

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...

August 11, 2020
210 Views 4 Min Read

Law & Policy, Tips, Trends & Best Practices
By Drew Donnelly

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...

August 11, 2020
125 Views 3 Min Read

Law & Policy, Tech & Software
By Steven Toews

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...

August 11, 2020
218 Views 4 Min Read

Ediscovery News, Tips, Trends & Best Practices
By Drew Donnelly

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? ...

August 11, 2020
72 Views 3 Min Read

Around the World, Ediscovery in Canada
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
327 Views 2 Min Read

Around the World, Ediscovery in Canada
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
463 Views 2 Min Read

Around the World, Ediscovery in Canada
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
383 Views 2 Min Read

Tech & Software
By M.J. Moye

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

In the wake of the Black Lives Matter protests against police violence and brutality against people of color, IBM, Amazon,...

July 12, 2020
308 Views 3 Min Read

Ediscovery News
By M.J. Moye

Can eDiscovery Pros, Dark Web Consultants Take on the Villains of the Dark Web?

Back in May I summarized the Dark Web activities of “The Dark Overlord” and speculated about whether it would be...

July 12, 2020
337 Views 3 Min Read

Around the World, Law & Policy
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
447 Views 3 Min Read

Around the World, Ediscovery in North America, Law & Policy
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
320 Views 3 Min Read

Around the World, Law & Policy
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
399 Views 3 Min Read

Ediscovery News
By M.J. Moye

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...

July 12, 2020
448 Views 3 Min Read

Around the World, Ediscovery in Canada
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
299 Views 2 Min Read

Ediscovery News, Tech & Software
By M.J. Moye

Government Initiates Blackbox Study to Gauge Effectiveness of Digital Forensics Methodologies

The National Institute of Standards and Technology (NIST) has launched the first large-scale “blackbox” study to test the accuracy of...

July 10, 2020
429 Views 3 Min Read

Tech & Software, Tips, Trends & Best Practices
By Drew Donnelly

Document Shredding? Not with Robust eDiscovery Processes

20 years ago, we weren’t sharing Tiger King memes on TikTok – that’s what group emails were for. In 2002...

June 10, 2020
463 Views 3 Min Read

Around the World, Tech & Software
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
213 Views 3 Min Read

Around the World, Ediscovery in Canada
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
644 Views 2 Min Read

Around the World, Ediscovery in Canada, Law & Policy
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
415 Views 3 Min Read

Around the World, Ediscovery in Canada, Law & Policy
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
568 Views 3 Min Read

Around the World, Law & Policy
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
570 Views 3 Min Read

Ediscovery News
By M.J. Moye

Bad Timing Blocks Sanctions Over Discovery in Lawsuit Likely to Revolve Around Bad Timing

“Bad timing” is often used to explain failure or why bad things happen. In the case of Marysville, California resident...

June 10, 2020
446 Views 3 Min Read

Tech & Software
By M.J. Moye

eDiscovery to Expand With an Ever-Growing Internet of Things

My sister-in-law was showing off her new iPhone when she said, “Hey, Siri, how much wood would a woodchuck chuck...

June 10, 2020
397 Views 2 Min Read

Around the World
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
207 Views 3 Min Read

Around the World
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
632 Views 2 Min Read

Law & Policy
By Drew Donnelly

How Will New US Healthcare Data Rules Affect eDiscovery?

Patient data is central to a functioning healthcare system. It is through data that physicians make diagnoses, and patients can...

June 3, 2020
601 Views 3 Min Read

Around the World, Ediscovery in Canada, Law & Policy
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
359 Views 3 Min Read

Ediscovery in North America, Ediscovery News
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
463 Views 3 Min Read

Tech & Software
By Hira Saaed

4 Advantages of Using Artificial Intelligence in eDiscovery

In the year 2015, a group of high-profile scientists warned that artificial intelligence might be the last invention of the...

May 9, 2020
288 Views 2 Min Read

Around the World, Ediscovery in Canada, Law & Policy
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
472 Views 3 Min Read

Around the World, Ediscovery in Canada, Law & Policy
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
479 Views 4 Min Read

Ediscovery in North America, Law & Policy
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
387 Views 4 Min Read

Ediscovery in North America, Ediscovery News, Law & Policy
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
511 Views 4 Min Read

Around the World, Ediscovery News
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
443 Views 3 Min Read

Around the World
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
431 Views 3 Min Read

Around the World, Law & Policy
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
467 Views 4 Min Read

Around the World, Ediscovery in North America, Law & Policy
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
465 Views 4 Min Read

Around the World, Law & Policy
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
493 Views 3 Min Read

Around the World, Ediscovery in Canada
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
420 Views 4 Min Read

Around the World, Ediscovery in Canada, Ediscovery in North America
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
441 Views 4 Min Read

Law & Policy
By M.J. Moye

Don’t Forget Videoconferencing: Your eDiscovery Responsibilities

Companies around the world have rapidly adopted video conferencing as an important tool to maintain communications and workflow during the...

April 28, 2020
476 Views 3 Min Read

Ediscovery News
By M.J. Moye

COVID-19 is Not Going to Stop the Demand for eDiscovery

With more than one-third of 2020 behind us, COVID-19 has almost certainly clinched the award for top disaster of the...

April 28, 2020
374 Views 3 Min Read

Tips, Trends & Best Practices
By Steven Toews

The Importance of a Solid Information Governance Framework

Without a comprehensive information governance framework, an organization is flying blind. A lack of coherent rules and guidelines for how...

April 27, 2020
552 Views 3 Min Read

Tips, Trends & Best Practices
By Steven Toews

The Purpose of the Electronic Discovery Reference Model

The Electronic Discovery Reference Model, or just the “EDRM” for short, is a fantastic place to begin if you’re just...

April 27, 2020
291 Views 3 Min Read

Tips, Trends & Best Practices
By Beth Moore

Playing the Odds: Finding the Perfect eDiscovery Tool

Eenie meenie miney mo…  I’ll assume you know the rest. Yes, I still use  nursery rhymes to help me make...

April 22, 2020
393 Views 3 Min Read

Around the World, Ediscovery in North America, Law & Policy
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
378 Views 4 Min Read

Tech & Software
By Hira Saaed

3 Challenges in Digital Forensics for Crime Investigation

"There is nothing more deceptive than an obvious fact," said Arthur Conan Doyle's fictional detective character, Sherlock Holmes. Just like...

April 19, 2020
410 Views 4 Min Read

Tech & Software
By Steven Toews

Electronically Stored Information: Easy to Create, More Difficult to Discover

On one level, the definition of ediscovery is easy to explain. It is simply the process of discovery in legal,...

April 19, 2020
497 Views 2 Min Read

Around the World, Law & Policy
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
477 Views 3 Min Read

Around the World, Law & Policy
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
487 Views 3 Min Read

Tips, Trends & Best Practices
By Hector Corral

Subscription-Based Pricing and Why eDiscovery Needs It

eDiscovery pricing has historically been complicated and arbitrary. On top of per-gigabyte costs or per-service pricing for ingestion, conversion, processing,...

April 13, 2020
673 Views 3 Min Read

Around the World, Ediscovery in Canada, Ediscovery in North America
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
531 Views 4 Min Read

Tech & Software
By Hector Corral

The 5 Pillars of Lumix: How Now Discovery Simplifies eDiscovery

At Now Discovery, we set a clear goal: we wanted to simplify ediscovery so that law firms, government agencies, and...

April 8, 2020
1015 Views 4 Min Read

Tips, Trends & Best Practices
By Beth Moore

eDiscovery Doesn’t Stop Just Because You’re Sheltering in Place

Let’s face it: the typical ediscovery setup is the opposite of social distancing. Lawyers travel to individual custodians’ offices, touching...

March 31, 2020
806 Views 3 Min Read

Ediscovery News
By Hector Corral

Now Discovery’s COVID-19 Preparedness Plan

Phoenix, Arizona, March 17, 2020:  Our employee’s safety, as well as business continuity for our clients, is extremely important to...

March 18, 2020
965 Views 2 Min Read

Tips, Trends & Best Practices
By Beth Moore

How a Legal Tech Newbie Learned to Process Data in 10 Minutes

My entry into ediscovery wasn’t very graceful. I was a gemologist who only spoke diamonds for 17 years. But upon...

March 9, 2020
1127 Views 3 Min Read

Tips, Trends & Best Practices
By Hector Corral

What Is the EDRM, and Why Does it Matter for eDiscovery?

In the early 2000s, eDiscovery was still the Wild West. Before the Federal Rules of Civil Procedure were amended in...

January 6, 2020
1794 Views 5 Min Read

Ediscovery in North America, Tips, Trends & Best Practices
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
1310 Views 8 Min Read

Tech & Software
By Hector Corral

Smart Technology, Smarter eDiscovery: Integrating Artificial Intelligence in eDiscovery

Artificial intelligence (AI) is permeating every aspect of our lives: it’s telling us what to buy and when we need...

January 6, 2020
1436 Views 2 Min Read

Tech & Software, Tips, Trends & Best Practices
By Hector Corral

Why Scalability Matters for Successful eDiscovery

One week you’re handling a tiny eDiscovery matter with 5 gigabytes of data for review. The next, you’re swimming in...

January 6, 2020
1208 Views 5 Min Read

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