Posts Tagged ‘electronic discovery’
eDiscovery Processes – Part 3
Electronic Discovery for Legal Evidence eDiscovery has validity because almost all examples of EFD are recorded permanently by digital sources and can be accessed if necessary as legal evidence. To this extent it is true that absolute privacy in communications — personal, enterprise, social, governmental, etc. — no longer really exists, and can become…
Read MoreeDiscovery Processes – Part 2
eDiscovery processes may be painstakingly complex, searching among the frequently exceptional quantity of data to locate materials germane to the specific legal context. However, the character of digital data renders it particularly compatible to investigation, so information can be readily accessed once it has been correctly identified. In addition, EFD are difficult to destroy: Networked…
Read MoreeDiscovery Processes – Part 1
As people rely more consistently on computers and digital devices for communicating and storing information, Electronic Discovery (eDiscovery) assumes greater importance for legal proceedings. In this context, eDiscovery is the specifically electronic process of isolating, classifying, and generating for litigation electronically formatted data (EFD). Its proliferation reflects the increasingly plugged-in world of enterprise, social media, email and…
Read MoreElectronic Discovery: The Good, the Bad, and the Ugly – Part 2
Electronic discovery places a heavy burden on counsel. Not only is the practitioner, as always, required to comply with procedural rules, but he/she must thoroughly educate the client about the intricacies of electronic discovery. Because the client may not necessarily think of discovery in electronic or digital terms, the learning curve may be steep. At the…
Read MoreElectronic Discovery: The Good, the Bad, and the Ugly – Part 1
Discovery is arguably one of the few things that can be described as an art and a science. Art, because effective discovery requires intelligence, intuition, and creativity; science because theories need to be explored, tested, and, if necessary, discarded and replaced. In addition, just as there are scientific laws that need to be obeyed, there are…
Read MoreeDiscovery Primer: Hosting Agreements – Part 2
There are many issues that need to be considered when it comes to hosting agreements. Known most popularly as the “terms and conditions” website page that users must click through before joining or logging in, this simple agreement defines the terms by which two parties elect to do business together. It’s important to have a…
Read MoreeDiscovery Primer: Hosting Agreements – Part 1
There are many issues that need to be considered when it comes to hosting agreements. Known most popularly as the “terms and conditions” website page that users must click through before joining or logging in, this simple agreement defines the terms by which two parties elect to do business together. It’s important to have a…
Read MoreKey Ways Social Media Affects eDiscovery – Part 2
Social media discovery is becoming an increasingly core component for much of today’s litigation. And, whether in use by clients or counsel, obtaining evidence from social media also carries the potential for making cases much more complicated than expected. Here’s Part 2 of a closer look at some of the key ways in which social…
Read MoreKey Ways Social Media Affects eDiscovery – Part 1
Social media discovery is becoming an increasingly core component for much of today’s litigation. And, whether in use by clients or counsel, obtaining evidence from social media also carries the potential for making cases much more complicated than expected. Here’s Part 1 of a closer look at some of the key ways in which social…
Read MoreNew Challenges Facing Digital Forensics – Part 2
In the evolving realm of electronic discovery and digital forensics, the rules are constantly changing. It takes smart, savvy professionals to rise to these challenges, stay in compliance with the existing legal framework, and anticipate potential eDiscovery challenges resulting from litigation. Here is Part 2 in a series about challenges facing the field of digital…
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