Thinking of self-collecting? Don’t forget to consider metadata and cybersecurity.

It is important to take precautions against altering document metadata during collection of data.    Note that metadata will be altered by, for example, collecting the data and then uploading it to a cloud computing service such as Dropbox.  Another potential risk with this approach is cybersecurity – consider that 68 million email addresses and passwords were stolen from Dropbox. There may be justifiable economic reasons for an organization to self-collect, however, one must be cognizant of the potential risks.  

Heuristica Sponsors Hooplaw Charity Basketball Tournament

Heuristica Discovery Counsel is proud to sponsor Hooplaw, the largest fundraising event in the Vancouver legal community.    Last year Hooplaw brought together more than 250 lawyers from over 25 law firms and dozens of law students to play basketball and raised over $70,000.00.  In fact, since its inception in 1995 the event has raised over $1,000,000.00 for local children’s charities.   The goal for this year’s tournament is $100,000.00 and will go to the following three worthy children’s charitable organizations:  the Night Hoops Basketball Society, the Children’s Hearing and Speech Centre of BC, and Challenger Baseball Canada.   Hooplaw

Microsoft Wins Landmark Overseas Warrant Case

The US Court of Appeals for the 2nd Circuit recently ruled on the highly-anticipated ‘Microsoft Ireland’ case.   In a unanimous ruling, the three-judge panel found in favour of Microsoft, which was challenging a warrant for the search and seizure of data held on an Irish server.   In 2013, the United States District Court for the Southern District of New York issued the US Department of Justice a warrant under the Stored Communications Act (SCA). The Department of Justice believed that an email account hosted by Microsoft contained important information about a narcotics investigation. Microsoft provided relevant information held

Failure to Preserve Results in Costly Review of Backup Tapes

“This litigation has been exceptional in its breadth, venom and expenses.” ­– Justice Turnbull   In Verge Insurance Brokers v. Richard Sherk et al., 2016 ONSC 4007, the defendants brought a motion seeking an order compelling the plaintiff to produce and review 66 backup tapes. The plaintiff objected on the grounds of proportionality and provided evidence that the exercise would cost an estimated $300,000.   Justice Turnbull ordered the plaintiff to restore and review the 66 backup tapes, despite the estimated cost of at least $300,000. Turnbull J., recognizing the exceptional cost, also made the point that had the plaintiff

Iterative Review is More Efficient

A new study confirms what proponents of analytical ‘non-linear’ review or Iterative Legal Analysis & Sampling (ILAS) have been saying for some time: that it is more accurate and cheaper than traditional ‘linear’ review.   The study was authored by Anne Kershaw, an Adjunct Professor at Columbia University and a practicing e-discovery lawyer. Kershaw had two teams conduct a review of the same set of documents using the same review platform. One team of three contract lawyers followed a traditional ‘eyes on all documents’ approach, while the other team consisted of a single senior lawyer and a technology manager using

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