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ESI Processing Simplified – What Every Legal Team Should KnowPosted March 25, 2015
This post answers the following questions about ESI processing during eDiscovery: What is it? Why is it an essential step? Why does it take so long? Recently, I summarized the eDiscovery process in three simple phases: Phase 1 - Identification, Preservation, Collection, Phase 2 - Data Analysis, Reduction, Analytics and Phase 3 - Processing, Review, Production, as well as discussed the risks that legal teams face when they choose not to follow the process. In this post I want to focus specifically on...
eDiscovery Update: Going Off-the-Grid with Smartphone AppsPosted March 25, 2015
“Spoken words disappear after they’re heard. But what you say online remains forever. With confidential messages that self-destruct, Confide lets you avoid the Cloud, and takes you off the record.” The above quote is from the website getconfide.com, which offers an off-the-record messenger application that can be installed on a smartphone. All you need to surreptitiously communicate with another party is their email address or phone number. There are a quite a few of these apps floating around, and ap...
The eDiscovery Process Simplified – What Every Legal Team Should KnowPosted March 17, 2015
This post breaks down the eDiscovery process into three key phases and explains simply what every legal team should know and why they should care. The latest eDiscovery hot topic revolves around a Federal Judge Survey that highlights a key point, in which we at D4 are not surprised by: after all these years of talking about eDiscovery, the majority of attorneys, and the legal industry overall, still don’t understand the eDiscovery process and how to properly handle Electronically St...
5 Helpful Tips on Running Basic Searches in RelativityPosted March 12, 2015
Have you ever had problems with long-running queries in Relativity? Here are some best practices to help make your searches run faster.1. If your search only includes a specific range of documents, or documents in a specific tag, always make sure you enter those conditions first.This will allow the system to cull down to the specified group before running any keywords or metadata conditions. I have also found that by adding all of the “OR” conditions before adding the...
Intellectual Property Theft Investigations: Find the Smoking GunPosted March 03, 2015
Learn how to properly conduct a digital forensic investigation to find key evidence without damaging your IP theft case. Digital forensic investigations involving corporate and private entities come in a wide variety, such as: copyright infringement, theft of personally identifiable information, violation of workplace policies, wrongful termination of employment, network intrusion, wrongful death, divorce and more. Yet, the most prevalent type of investigation the Forensics Services Group handles at D4 is intellectual property (IP) theft perpetrated by an “insider.” The insi...
ESI Terms and Concepts Every Attorney Should KnowPosted February 26, 2015
This post explains how ESI is stored on a hard drive and defines commonly used ESI terms, such as unallocated clusters, file slack, and bit-stream forensic image.If you have had the pleasure of dealing with ESI, and its preservation and collection, you may have heard terms thrown around like bit-stream forensic image, file slack, or unallocated clusters. You may have even used the terms yourself without actually understanding what they mean. That is all about to change…Let’s...
PDF Files Can Wreak Havoc in ESI Processing, Review and ProductionPosted February 24, 2015
This post explains how the PDF format can complicate document review and production workflows, and three key things to keep in mind when using this format. While it may be easy to create PDF files for day-to-day business use, when it comes to document review and production deliverables, the PDF format complicates things. 3 Things to Consider When Using PDF Format in Review and Production Deliverables Here are three important considerations to remember when including PDF files in data deliverables:1....
eDiscovery Update: Advising clients on use, preservation of social media evidencePosted February 24, 2015
It shouldn’t be a surprise that messages, posts and pictures from social media are discoverable. It also shouldn’t be shocking that litigants may post outrageous messages, posts and pictures. Are you representing a client who is claiming he or she has been injured at work, yet on their Facebook site are pictures showing them on their recent excursion to scale Mount Kilimanjaro? What options do you have with respect to advising your client on social media activity? What abou...
Artificial Intelligence and the Future of the Legal IndustryPosted February 19, 2015
Early-generation Artificial Intelligence is already in the legal space—Bill Gates’ vision for the Microsoft Personal Agent just takes it one step further.LegalTech New York is the bellwether conference for the legal industry. One gets a great sense of “what’s to come” by walking the floor, checking out the new technologies and talking to the many industry leaders who attend the conference. If there was one overarching theme of the 2015 conference, it was analytics. The “CoffeeAnalytics” and “DietAnalytics”...
Using Agile Project Management Concepts for eDiscoveryPosted February 17, 2015
This post explains how a “rolling productions” approach to both small and large eDiscovery projects can help you prepare for common challenges. Legal project managers, litigation support professionals, and other eDiscovery practitioners are well aware that their projects are often unpredictable and that outside forces drive consistent requirement changes. While originally implemented in the software development industry, Agile development methodology can help address this challenge in eDiscovery. What is Agile Development? Basically, Agile development is a set of principles that...