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Managing Non-Email Communications in eDiscovery

Increasingly, non-email communications make up critical evidence in modern litigation. Text messaging and social media are used regularly by case participants and witnesses in addition to traditional email. Companies are supporting instant messaging and other collaborative applications in addition to email for internal communications. Failure to collect, request, and review this evidence can negatively impact case outcomes, particularly if an opponent is effectively using this evidence. Learn best practices to master all evidentiary communications, no matter the form or latest technology.

Agenda:

  • Growth in non-email messaging
  • Problems in collecting, processing, reviewing, producing, and using non-email communications
  • Integrating non-email communications into eDiscovery workflows
  • ESI data mapping of non-email communications
  • Raw data normalization and review PDF creation
  • Post-processing review functions
  • Production, depo, and trial prep
  • Checklist for effective use

Speaker Info

Gene Albert is the CEO of Lexbe, and a frequent speaker and writer on litigation technology and eDiscovery topics. He is on the Planning Committee of the Texas State Bar eDiscovery Program. Gene has his JD from Southern Methodist University and his MBA from the University of Texas at Austin

Finding Holes in Productions

As document productions have ballooned in size, determining if a production is adequate has become increasingly difficult. The days of judges and magistrates turning a blind eye to bad discovery are over. So plaintiffs and defendants increasingly need to know if productions are adequate and defensible or instead are riddled with obvious data holes. Modern eDiscovery software analytics can help. Production metadata and other reporting statistics can be mined and diced and sliced to show the consistency of produced documents over time, by email source and file type, from source and by key case issue. These top-level reports often quickly and accurately show if discovery is defensible or riddled with holes. This important early case analysis can make or break a case for plaintiff or defendant.

Agenda:

Receiving Party’s Complaints About Productions Increased Scrutiny of Productions Causes for Inadvertent Exclusion of Material Areas for Examination Bates Gaps Maintaining Metadata Leveraging Metadata to Analyze Production Custodian Mapping Analyzing Reports

Speaker Info

Karsten Weber is CTO of Lexbe, and a frequent speaker and writer on litigation technology, document management and eDiscovery topics. He has his MS in Engineering from the Danish Technical Institute and his MBA from the University of Texas at Austin.

Best Practices to Avoid Missing Key Evidence in Large Document Reviews

Nothing can be more disastrous than showing up at a depo to find that your team missed a key piece of evidence in document review, but your opposition found it. Missing that “smoking gun” admission, or allowing critical privileged information to slip through into a production can be avoided, but only if your search tools are fully functioning. Many attorneys assume that all eDiscovery processing approaches, search tools and techniques are basically the same, but nothing could be further from the truth. In this webinar learn crucial search functions and critical indexing differentiators that will protect you from inadvertently missing important evidence during eDiscovery.

Agenda:

Overview of Modern Search and eDiscovery Indexing Technologies Basic and Advanced Search Options in Use Today Search Indexing ‘Gotchas’ Pitfalls of Relying Solely on Image-Based OCR Indexing Why Native Extraction Alone is Ineffective Complexities of Working with Foreign Language & Translated Text Optimal Search with a Concatenated Indexing Approach Takeaways

Speaker Info

Erin Derby is a Certified eDiscovery Specialist (ACEDS)andeDiscovery Manager at Lexbe. She specializes in working with clients handling eDiscovery in complex litigation and provides a high level of precision and expertise. She provides guidance for technical discovery issues and procedures and ensures compliance with all court-ordered ESI guidelines. Prior to joining Lexbe, Ms. Derby was a Litigation Paralegal for 10 years for both plaintiff and defense law firms

Mobile eDiscovery is a challenging but critical part of your evidence gathering strategy

It is estimated that in the US alone, there are 396 million mobile device subscriber connections. That calculation suggests that there are approximately 1.2 connected devices for every person in the US. As the number of devices continues to grow, the amount of data traffic is through the roof — up to 13.7 trillion megabytes in 2017. eDiscovery professionals must consider the tremendous amount of evidence that is tangled up within those 13.7 trillion megabytes of data.

Source: CTIA 2017 Wireless Snapshot

Another high growth element to the mobile first custodian is the proliferation of apps. In June 2015, there were 100 billion iOS downloads. While social media is by far the most popular app category, there are shadow IT apps and chat apps that often contain important caches of evidence. eDiscovery efforts must grow beyond email to include these rich ESI repositories.

The usage of mobile devices and the complexity of the mobile ecosystem increases appreciably with millennials. The age group from 18 to 34 purchases significantly more apps. Studies have shown that this demographic prefers messaging and chat to email.

Your case’s “smoking gun” may very well reside within a Slack Instant Messaging conversation. A fitness mapping application may be able to prove your client’s whereabouts with their geolocation feature. Whether through messaging, geolocation, or other valuable ESI, it is important to understand the makeup, character, and quality of the custodians you’re dealing with and their propensity to use apps that may lead to additional evidence.

Beyond the sheer number of devices in our society is the fact that most mobile operating systems now enable cross-device sharing and file access. When you think about custodians and mobile devices, you need to think about it as an entire ecosystem comprised of the cloud, smartphones, tablets, laptops, and desktops. For better or for worse, porting data from one device to another has never been easier.

The ramifications of this sharing can be especially painful when Bring Your Own Device (BYOD) practices allow employees to network their personal devices with workplace systems. The consequences of allowing sensitive information to reside on an unencrypted misplaced cell phone or tablet can be disastrous for an IP agency. Employees can take it upon themselves to create unofficial work message groups on various messaging apps. Unmonitored, unsanctioned conversations, happening on company time, under a company’s name, can certainly lead to a murky labor dispute.

The explosive growth of apps on mobile platforms creates significant eDiscovery challenges. Fortunately, the headaches caused by new technology can also be solved by new technology. An increasing number of eDiscovery platforms can process data that comes from mobile devices. Lexbe, for example, is equipped to handle popular files such as Apple notes, iMessages, Slack, Microsoft Teams, office 365, Google Apps and numerous other native applications. Moreover, our professional services team can perform social media extractions. In modern litigation, there is no room for ignoring mobile devices and applications as potential evidence repositories. With the right planning and competent eDiscovery technology, you will be able to zero in on important evidence, regardless of where it resides.

For more information watch our On Demand Webinar “Addressing the eDiscovery Challenges of Mobile-First Custodians”.

Addressing the eDiscovery Challenges of Mobile-First Custodians

Approaching mobile collection with conventional methods can result in run-away eDiscovery costs, lost data and the careless oversight of evidence. Traditional collection methods, including discovery orders, have not evolved to include the unique file structure and ESI channels that exist in mobile devices. Moreover, uncontrolled Bring Your Own Device (BYOD) practices almost ensure preservation and privacy nightmares unless deliberate steps are taken to appropriately manage ESI. This webinar highlights the various considerations attorneys must make as they strategize ESI collection from mobile devices.

Agenda

  • Growth of MobileeDiscovery Challenges & Considerations
  • The Rise of the Smartphone
  • More Devices, More Apps, More Data
  • Applying Discovery Principles to Today’s Tech
  • eDiscovery Best Practices for Mobile First Custodians

Speaker Info

Robert Keeling is an experienced litigator whose practice includes a special focus on electronic discovery matters. He represents both plaintiffs and defendants in complex civil litigation throughout the nation and conducts internal investigations in the U.S. and throughout the world. Mr. Keeling has authored several articles on eDiscovery and social media and is a co-chair for his firm’s eDiscovery Task Force.

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