August 13, 2018
What is Data Processing

GDPR: What Is Data Processing

Long time eDiscovery professionals recognize data processing as the method by which data, after it is collected, is prepared for the work we do. The EDRM lays out a clear guidance, for example, on what data processing is and what it means. A very distilled definition is: cataloguing collected data and capturing the associated metadata. These steps, frequently unseen by the end client, take disparate data and make them available for review and/or production. This is well covered ground for eDiscovery pros and we know what it is and how to deal with it.
June 7, 2018
Importance Of Effective Information Retention Policies

New Case Highlights the Importance of an Effective Information Retention Program

A consistent information governance lesson that courts have emphasized for decades is the need to develop an effective records retention program. Such a program should result in the retention of information based on its value to the enterprise, together with other information that may be required to satisfy legal or regulatory retention obligations. When coupled with a data map, information retention policies provide a transparent and logical organization of company data that can benefit the enterprise in any number of ways.
May 22, 2018
GDPR Who is Covered

GDPR “Who Is Covered”

With GDPR implementation date this Friday, May 25th, it's time to assess where your organization stands with the GDPR. This is the first in a series of short, easily digested blog posts addressing some GDPR basics.
April 26, 2018
The New Path to Ediscovery Success: Business Intelligence

The New Path to Ediscovery Success: Business Intelligence

Every evolution of ediscovery has launched a new set of exciting technologies, efficient workflows and savvy experts. We have come a long way from the old “check the box” view of discovery in which the main measure of a project’s success was whether it avoided adverse consequences like sanctions. Skilled professionals today know how to plan a project strategically, cull enormous amounts of data into manageable sets, leverage machine learning and other computer analytics and use statistics to prove that the needed documents were indeed found.
March 28, 2018

Surfing for Sanctions under Federal Rule of Civil Procedure 37(e)

After the enactment in 2015 of amended Federal Rule of Civil Procedure 37(e), sanctions for failing to preserve relevant electronically stored information (ESI) could only be considered if a preserving party “failed to take reasonable steps to preserve it.” Since that time, parties have sought to better understand how courts would interpret the phrase “reasonable steps to preserve.” A new case from the shores of one of