eDiscovery Preparedness – Technology Options

eDiscovery Preparedness – Technology Options

Crystal O’Donnell Chief Executive Officer and Senior Counsel   October 13, 2021   Proactive management of electronic information is one of the best ways to minimize costs and risks associated with eDiscovery.  This includes enterprises making decisions on the appropriate approach to managing eDiscovery based on needs, volume and resources available.   Over the last few years, the options available to enterprises to manage eDiscovery needs have changed considerably.  The choices of available technology have increased, the functionality available has improved (and continues to improve), and the options for purchasing the technology have also changed.   While there is a

EDRM Appoints O’Donnell to 2021/22 Global Advisory Council

EDRM Appoints O’Donnell to 2021/22 Global Advisory Council

The Electronic Discovery Reference Model (EDRM) has once again appointed Crystal O’Donnell, the firm’s Founder and CEO, to its Global Advisory Council.   The EDRM empowers global leaders of eDiscovery and creates practical global resources to improve eDiscovery, privacy, security, and information governance.   Since 2005, EDRM has delivered leadership, standards, tools, guides, and test data-sets to strengthen best practices throughout the world.  It has an international presence in 113 countries, spanning 6 continents, and provides an innovative support infrastructure for individuals, law firms, corporations, and government organizations seeking to improve the practice and provision of data and legal discovery.

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

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