Is a De-activated Social Media Account Producible?

Is a De-activated Social Media Account Producible?

Harry Chang Associate   October 6, 2021   The recent US decision in Brown v. SSA Atl., LLC, CV419-303 (S.D. Ga. Mar. 15, 2021) emphasizes the importance of understanding what constitutes spoliation in the context of social media evidence.   The plaintiff in this case was evasive about his social media presence on Facebook.  The defendant initiated a motion for sanctions for “alleged spoliation of electronically stored evidence, specifically his social media accounts.”  The court denied the spoliation motion ruling based on the lack of evidence that the Facebook information had been “irretrievably lost.”  Instead of sanctions, the court directed the

eDiscovery Preparedness – Review Technology

eDiscovery Preparedness – Review Technology

Candice Chan-Glasgow Director, Review Services and Counsel   October 4, 2021   The discovery process is typically the most time-consuming and expensive aspect of any legal dispute.  Fortunately, by adopting appropriate technology and best practices, parties can achieve significant cost savings in the review process.  This article will outline functionality that is available and should be used in every discovery project involving electronic evidence.   Email Threading    Email threading is now considered a basic tool that should be employed on every discovery project. Email threading groups the conversation that happens back and forth in email and identifies the “end

Courts Continue to Deny Access to Hard Drives in eDiscovery Disputes

Courts Continue to Deny Access to Hard Drives in eDiscovery Disputes

Vladyslav (Vlad) Strashko Associate   September 28, 2021   Earlier this year, two Canadian court decisions came out that considered the same issue: what is required in order to obtain an order requiring production of hard drives and electronic devices.   The first case, Ceballos v. Aviva Insurance et al., 2021 ONSC 4695 (CanLII) came from Ontario. The second case K.K.R. v J.S.R., 2021 BCSC 104 (CanLII) is from British Columbia.  While these decisions came from two different provinces, both courts applied consistent legal approaches and analyses:   A computer hard drive is the digital equivalent of a filing cabinet or

Chan-Glasgow contributes to international eDiscovery book

Chan-Glasgow contributes to international eDiscovery book

Candice Chan-Glasgow, Director, Review Services and Counsel, has contributed to the Canada chapter of the 2nd edition of International E-Discovery, A Global Handbook of Law and Technology.   Published by Globe Law and Business in association with Legalink, the second edition of International E-Discovery, provides an analysis from across the globe of the different approaches to, and cutting-edge techniques in the use of, digital evidence in legal and regulatory contexts.   Leading technology specialists and legal practitioners in different jurisdictions come together to explain the latest developments in how digital evidence is collected, interrogated and deployed in response to legal proceedings,

Tune in to an EDRM Podcast featuring Crystal O’Donnell

Tune in to an EDRM Podcast featuring Crystal O’Donnell

Tune in to the EDRM Global Podcast Network and listen to an interview/conversation with our Founder and CEO Crystal O’Donnell.   As part of the EDRM’s (Electronic Discovery Reference Model) educational content program, the organization produces and hosts an extensive series of podcasts to help eDiscovery practitioners improve their overall acumen.   Part of the EDRM Podcast Network is Illumination Zone.  Hosted by Mary Mack, EDRM’s CEO and Chief Legal Technologist, and Kaylee Walstad, Chief Strategy Officer, Illumination Zone is a series of interviews and discussions with global leaders in eDiscovery and adjacent disciplines.   Click here to tune in

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