Summary of eDiscovery Rule 37(e): Failure to Preserve Electronically Stored Information (Safe Harbor)

By Josh Markarian | December 9, 2020

FRCP Rule 37. Failure to Make Disclosures or Cooperate in Discovery: Sanctions (e) Failure to Preserve Electronically Stored Information. (f) Failure to Participate in Framing a Discovery Plan Essentially, Federal Rule 37(e) governs the requirement for competent preservation of discoverable information and ESI that may be related to the matter. Rule 37(f) addresses the need…

TERIS eDiscovery Project Process: The 10 Key Steps

By Josh Markarian | November 30, 2020

TERIS tightly manages an eDiscovery engagement by applying these 10 key industry-wide process steps, which help minimize the risks and exposure, while balancing the costs involved:

Digital Forensics – Stage 2: Electronic Discovery Processing & Analysis

By Josh Markarian | November 24, 2020

Once the data has been identified through appropriate data mapping techniques, and defensibly collected by a certified forensic examiner the data moves onto the next stage within the electronic data reference model (EDRM). Following collection, the data will need to be processed for electronic discovery and further review. This can include converting file types into archivable structured formats to maintaining the files in native format for review.

Digital Forensics – Stage 1: Acquisition (Collection)

By Josh Markarian | November 19, 2020

To understand when and where to spend money on digital forensics, it is important to understand first what you are buying, then understand when it should be used.  This is a response to those questions.

Managing eDiscovery within Microsoft Teams

By Josh Markarian | November 6, 2020

Microsoft Teams has become one of the leading team collaboration tools utilized by large corporations across multiple industries. As a result, Microsoft Teams is becoming a standard request for submission during the eDiscovery process. Data and Electronically Stored Information (ESI) associated with Teams can be a valuable asset during litigation and investigations.

3 Questions Legal Teams Need to Ask Before Deciding on an eDiscovery Solution

By Josh Markarian | October 29, 2020

Finding the right eDiscovery solution can leave a lot of organizations wondering how to even begin the search. What kind of options should be considered, and which are the most important for ensuring a mutually beneficial business relationship?

Remote Forensic Data Collection & eDiscovery in an ESI Driven Matter

By Josh Markarian | October 15, 2020

In modern litigation, the process of remote forensic collections has evolved from a convenience into an integral part of the forensic collection toolkit. Remote collection gives legal teams the ability to preserve a time-capsule of data, saving future costs, and reducing the risk of downstream issues.

Five Questions to Ask During eDiscovery to Reduce the Risk of Sanctions

By Josh Markarian | October 12, 2020

Sanctions around eDiscovery don’t happen often, but that doesn’t mean they don’t occur. Proper handling, preservation, & production of ESI during the discovery process should be of top concern. Through assessing your process pro-actively and continuously you are able to reduce the chance of facing any of the aforementioned issues while also streamlining your eDiscovery.

Summary of eDiscovery Rules 16(b) and 26(f): Meet and Confer

By Josh Markarian | September 29, 2020

FRCP Rules 16(b) and 26(f) is in place to ensure that a discovery plan is enacted early on, if not as soon as possible and that there is communication between parties regarding the scope of discovery.

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