Whether we like it or not, a reality of today’s world is that often important business is conducted by text messages. And so, when it is time to issue a litigation hold notice, you must include an instruction to preserve
All About eDiscovery
Case Law & Best Practices
All About eDiscovery, published by Farrell Fritz, P.C., focuses on legal issues related to electronic discovery in litigation. The blog covers topics such as preservation and spoliation of electronically stored information (ESI), challenges with ephemeral messaging applications, court rulings on discovery misconduct, and sanctions for discovery abuses. It also addresses cybersecurity concerns relevant to discovery, including data breaches, ransomware attacks, and compliance with regulatory requirements. The blog discusses practical guidance for managing discovery obligations, authentication of electronic evidence, and the impact of technology on litigation processes. It serves as a resource for legal professionals navigating the complexities of eDiscovery and related procedural and substantive issues.
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De-duplication: What is it and Why Should I Use it?
What is EDRM?
The Electronic Discovery Reference Model (EDRM) is a framework that outlines standards for the recovery and discovery of digital data. An EDRM diagram created by Duke Law (https://www.edrm.net/frameworks-and-standards/edrm-model/) represents a conceptual view of the e-discovery process, which is not a…
Cases Involving Emoticons As Evidence Are On the Rise
Approximately, one year ago, I authored a blog about emoticons finding their way into the courtroom as purported evidence of a crime or tort (Texter Beware: Emojis as Evidence). Although emoticons began appearing in court in 2004, their…
A Lawyer’s Obligation to be Technologically Competent – Part 4
A Lawyer’s Obligation to be Technologically Competent – Part 3
A Lawyer’s Obligation to be Technologically Competent – Part 2
This is Part 2 in a multi-part blog discussing various core requirements that can serve as the road map to allow a lawyer to fulfill his/her duty of technological competence. [Click here to read Part 1]
2. Implement Appropriate Preservation…