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Legaltech News

Apple's Impending iMessage 'Recall' Update Might Come With E-Discovery Headaches

Apple's iOS 16 update will allow iPhone users to "recall" or edit recently sent messages, potentially shrinking data recoverable in e-discovery. Still, it remains to be seen whether these messages might actually be "gone" without leaving metadata stored on Apple's servers.
4 minute read

Legaltech News

Facing Spoliation Sanctions? Just Claim Incompetence

A recent opinion in Hollis v. CEVA Logistics U.S. raises the question of whether any party who has failed to preserve and produce relevant ESI has an open avenue to avoid a jury presumption of intentional spoliation by swallowing their pride and asserting Hanlon's Razor.
6 minute read

Legaltech News

California 'Right to Know' Bill Could Create More Discovery, EU Data Transfer Headaches

As the U.S. and EU continue their international data transfer talks, California's "The Public Right to Know Act" SB 1149 might cause additional stress around disclosure of personal data. Whether its benefits outweigh the risks is a matter of debate.
4 minute read

Legaltech News

TCDI Acquires Aon's E-Discovery Business, Expanding UK Business and Software Tools

The deal is driven by 2020 investor Trivest Partners and includes software tools such as Aon's NOMAD mobile processing platform, PHI/PII detection and post-data-breach support tools, as well as advisory services such as information governance.
4 minute read

Legaltech News

Former BCLP CIO Katie DeBord Heads to DISCO, Looking to Make Legal Tech 'Fun'

After nearly 20 years working for law firms, Katie DeBord has become the VP of product strategy for e-discovery provider DISCO. She wants to be a part of the transformation that makes legal tech as engaging as many consumer platforms.
5 minute read

New York Law Journal

Party Not Unreasonable in Limiting Text Message Search to Company Devices

In a recent decision from the U.S. District Court for the Southern District of New York, a magistrate judge addressed whether a party should be subject to spoliation sanctions for an alleged failure to preserve text messages—both on company devices and on personal devices. The decision provided some helpful guidance in this developing area of the law.
7 minute read

The Legal Intelligencer

The E-Discovery Process and Modern Communication, Collaboration Platforms

To stay ahead of the macro and microcosmic expansion in data types and the platforms that generate them, it's vital for organizations and attorneys to align themselves with trusted technology experts who understand the breadth and the nuance of these technologies.
7 minute read

Legaltech News

The Slack Explosion: 7 Best Practices That Will Make Future E-Discovery Easier

Just as the legal industry had to scramble to figure out how to handle email and other electronic documents a couple decades ago, e-discovery practices must once again shift to account for the realities of business being conducted via chat and the massive amounts of new types of data that chat platforms generate.
6 minute read

New Jersey Law Journal

E-Discovery: Modernizing a Practitioner's Approach in a Post-Pandemic Social Media Era

Practitioners should be aware of additional media channels and communication options when requesting ESI. As soon as litigation is anticipated, counsel should determine both whether relevant ESI may be found in these alternative media, and the accessibility of this information.
8 minute read

Legaltech News

New Cases Spotlight E-discovery Trends on Possession, Custody or Control and Jury Instructions re: ESI Spoliation

Two particularly noteworthy topics in recent e-discovery litigation include: possession, custody, or control questions involving employee text messages; and the role and form of adverse inference instructions to juries to address ESI spoliation.
5 minute read

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