With Social Media Discovery as with much other Electronic Discovery, the key issue is often defining and managing burden. Begin with the end in mind – you need to know what you want and you need to know the paths and the obstacles to getting there. Can you cut to the chase with the opposing party? Need you leave yourself... Continue Reading...
Continue ReadingSocial Media Discovery & Evidence Part 2: Beast of Burden
It’s just not emails anymore
It is no secret that the means of communicating electronically are expanding at an ever-increasing rate. Within the last few years, e-discovery into communications has expanded from a largely email centered endeavor to one that includes texts, Facebook, Instagram, and other social media. More recently, the proliferation of messaging apps like Whatsapp, Viber, Snapchat, Marco Polo, Kik, Line, Slack and... Continue Reading...
Continue ReadingSocial Media Discovery & Evidence Part 1: Can’t You Hear Me Knocking?
At some point all litigators will need access to social media to pursue or defend our clients’ claims. Parties, employees and witnesses often post or message without any discretion. They may share digital images that contradict their claims of damages or demonstrate inconsistencies in their testimony. Often, parties resist allowing access to their social media due to privacy and relevance... Continue Reading...
Continue Reading“Legacy” Data — the Orphaned Information Nobody Wants to Think About
Is your business thinking about retiring or updating its software or systems? Where are you in the planning process? Have you even thought about what will happen with your existing applications or systems? Many organizations retire or replace old or outdated applications or systems without enough planning about the information that does not get migrated to the new system. Employees... Continue Reading...
Continue ReadingE-Discovery, Data Privacy & Security: 2018 in Review
The year saw an increased focus on smart phones and texts as sources of discovery in many areas of litigation. According to partner James M. Boyers, the cost of document collection, review platforms and electronic data review continued its drive downwards as the implications of the 2015 Amendments to the Federal Rules of Civil Procedure have become more apparent through Court... Continue Reading...
Continue ReadingDiscovery Masters in Indiana’s Commercial Courts
Discovery Masters in Indiana’s Commercial Courts – A Time and Cost Saving Option For Business Litigants The Indiana Commercial Courts pilot project launched in 2016, and the statistics and feedback show that the project is a success. The Commercial Courts’ homepage lists several purposes for the pilot project, including to “allow business and commercial disputes to be resolved with expertise,... Continue Reading...
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