BEST PRACTICES NAVIGATING THE DYNAMIC ESI LANDSCAPE, EDISCOVERY TECHNOLOGIES AND STRATEGIES FOR YOUR PRACTICE.
Preventing the inadvertent disclosure of privileged information in litigation is an increasing challenge. Technological advancements have ushered in varying mediums of information storage and exchange that thoroughly document privileged communications. This requires additional review resources to protect confidentiality and privilege. The consequence for litigation professionals is more privileged documents and data, residing in increasingly disparate formats and locations, with an increased risk of inadvertent disclosure. Fortunately, innovation in e-Discovery technology combined with process and workflow improvements can help you meet the challenge of protecting privilege.
LEP has expanded its functionality in display and coding layouts which are now fully customizable. Account Administrators can create and manage case defaults for the fields that are displayed on the Browse and Search pages, as well as which custom sections are visible in the Doc Viewer for specific user types. Default display layouts provide Account Administrators the ability to choose which fields are shown by default on the Browse and Search screens when users sign into the case. Additionally, default coding layouts provide Account Administrators with the ability to choose which custom sections are displayed in the Doc Viewer for Account Administrators, as well as Standard, Review, and Limited user types with case access. This can be particularly helpful when a limited review is required. See here for more information.
A Guide for the Boutique Firm Handling Document Intensive Matters
The promise of high utility applications in the eDiscovery space, particularly AI, has opened up new possibilities and fueled expectations about the speed, accuracy and efficiency of performing evidentiary review. Firms already using AI are perceived as the innovators, leading the charge but is the hype real? In short, there are absolutely benefits to bringing AI applications into your practice but doing so requires understanding the technology’s potential as well as its limitations. When real-world data sets are introduced, things can quickly go awry without oversight and quality control. With the right implementation, however, the boutique firm can utilize AI to leverage resources and, even with a small staff, outperform larger adversaries.
The AI Landscape
Pitfalls of AI
Effective Applications of AI in eDiscovery
Machine Language Detection
Mobile devices are everywhere. Within the last decade or so, smart phones have become not only a staple in our society, but arguably a necessity. There are two major players in the smartphone game, Android and Apple. Android devices make up the majority share of the smartphone market followed by Apple. There are others out there, like Windows OS phones and Blackberry, but they make up an incredibly small amount of the total smartphones.
Forensic Tools used for mobile device collections include Cellebrite, Encase, Axiom, and Oxygen. Preserving data from a mobile device can be much different than from a computer, and forensic software and hardware companies, like Cellebrite, specialize in creating tools for mobile device forensic collections and analysis.
There are a few different types of collections you can perform on mobile devices. Physical collections are bit-by-bit preservations of mobile devices, including the unused space. Logical collections preserve the user data only and not the free space of the phone. FileSystem collections preserve just the file system, which is very similar to the Logical collection, but could possibly pull some different data. The last resort in mobile device collections would be a manual collection. This is often used when a forensic tool can’t gain access to the device due to age or operating system restrictions. A manual collection consists of going through the phone manually and literally taking pictures of each screen. Not very efficient, but it’s a last resort option.
The type of data you can pull from a mobile device can be incredibly beneficial to a case. Some of the most sought-after data sets include messages, call logs, contacts, and photos, but there are many other pieces of information that can be discovered within a smartphone, including location data, calendar events, notes, website/application credentials, and many other useful bits of data. As such, mobile device forensic collections are becoming a staple in litigation discovery. To learn more about how Lexbe can assist with your next Mobile Device Forensic Collection, contact firstname.lastname@example.org.
The continued growth in ESI volume, new communication methods, and new eDiscovery technologies makes having a modern ESI protocol, agreed order or agreement more critical than ever for success in your cases. A properly negotiated agreement can speed collection, review, search, and production, reduce unnecessary eDiscovery expenses, and reduce the risk of eDiscovery sanctions for mistakes. But most importantly it can help make sure you are marshaling the evidence you need to competently and optimally prove and defend your case issues. Learn the best practices available in today’s quickly changing legal landscape.
What are ESI Agreements, etc.
Increasingly Important Legal Requirements
Particular Points for Inclusion
ESI collection activities
Review procedures: linear, search, TAR
Reference Guide for Examples of Protocols, Requirements, etc.