Category Archives: #MetadataMatters

eDiscovery Tips, Tricks and News from around the web

#MetadataMatters – Forensics in February Preservation Primer

If you haven’t added to your must read list yet, then let me be the one to bulldoze that rock you’ve been living under.  They’ve essentially done all the heavy lifting with a cartoon for those of us that have an attention span that would rival a gnat amped-up on espresso.

About IT Lex
About IT Lex

Being that we’ve coined February the month of Forensics, I’ve hand picked a few articles from their site to give you a taste of the brilliant content IT-LEX delivers on a daily basis.

Preservation Primer: Five Pitfalls To Avoid

…custodial self-collection can be distracting and detrimental to a business- if you do not know what you are doing, it can be very time consuming and frustrating to try to collect and preserve electronically stored information.  It is not uncommon for custodians who are deputized as IT personnel for self-collection to spend a day or days engaging in collection tasks that would take an IT professional an hour or less.  While custodial self-collection is not forbidden or prohibited by law in most circumstances, it is typically not the best practice for the above reasons… [READ MORE]

“Conscious, Or Perhaps Willful, Disregard” Of Duty To Preserve Leads To Spoliation Sanctions 

…As is often the case in spoliation analyses, we have to look at timelines. Here, plaintiffs let defendants know in August 2008 and again in October 2008 that they considered defendants’ product to be a knock-off of their own. The latter communication even “stat[ed] that [plaintiffs] would file a lawsuit for patent infringement against Defendants should Defendants continue their plan to commercialize their product.” Not surprisingly, plaintiffs suggest that the “reasonable anticipation of litigation” clock, and therefore the duty to preserve, should have started ticking here. Not so, argued defendants… [READ MORE]

Effective Legal Hold Policy Saves Halliburton From Mega-Fines

…Halliburton Energy Services (HESI) seems to be on the right track with their ‘legal hold’ policy. This policy helped Halliburton energies, one of the world’s largest oilfield service companies, escape with a fine of only $200,000 (the maximum under statute) for destruction of a computer simulation that may have showed it performed inadequate cement work on the Deepwater Horizon oil rig. This fine is minimal compared to the fine the other two major parties implicated in the 2010 Deepwater Horizon explosion,  BP and Transocean, received ($4 billion and $400 million respectively)… [READ MORE]

Coming up at the end of the month, check out a free webinar covering the Dangers of Self Collection.  For more info see

Eventbrite - Dangers of Self Collecting - Forensics in February Webinar Series

#MetadataMatters: To image, or not to image, that is the question…

To Image or Not To Image, That is the Question

Gareth EvansThanks to  Gareth Evans ( LinkedIn | Twitter | Bio ) and his team over at Gibson Dunn for a great article that explains the importance of creating a forensic clone and in which real world scenarios they would be most applicable.  [Read More…]

February is the month of Forensics.  Check out for our upcoming webinar about the Dangers of Self-Collecting.

#MetadataMatters – Don’t Be That Guy

I seldom get behind viral videos, but quite frankly, I’m shocked no one has thought of this yet. Thanks to my good friend Kris Taylor for passing it along. 


Check out for news aggregated from around the web geared towards the Legal Technology Industry.

#MetadataMatters – Doing It Right: Combining Technology and Cooperation in eDiscovery

Fantastic session yesterday at LegalTech.  Thanks to David Leone, Ariana Tadler, Maura GrossmanRonni Solomon, and Conor Crowley.

LegalTech® New York 2014  February 4 Timeline   the most important legal technology events of the yearDoing It Right:  Combining Technology and Cooperation in eDiscovery

“Cooperation” and “transparency” became the buzzwords in 2008, when The Sedona Conference issued its Cooperation Proclamation.  Since then, the world of e-discovery has evolved at warp speed.  Volume has exploded.  Complexity has increased.  Judicial expectations have evolved.  At the center of it all, advancing technology has changed everything.

Ariana Tadler, Partner at Milberg LLP and Chair Emeritus, as well as an active member of The Sedona Conference® Steering Committee for Working Group I, leads a panel of eDiscovery thought leaders and practice experts in an overview of eDiscovery in 2014:

Attend this session to learn more about how to proactively combine technology and cooperation to “do e-discovery right,” including:

  • When and how to use cutting edge technologies – and when to avoid them
  • Updates on current “best practices” and judicial expectations
  • How to cooperate in the world of technology-assisted review
  • How to deal with the “pretend cooperator”

Gain from the experience and expertise of seasoned eDiscovery professionals in this mixture of discourse and dialogue.

For a look at today’s LTNY agenda go to:

#MetadataMatters – What to do (and not do) when collecting ESI

Forensics in February

There are countless examples of recent cases wherein sanctions and adverse inference instructions were handed down to litigants due to improper collection procedures.

These have entailed everything from misguided self-collections, inadequate or missing chain-of-custody documentation, and even employees making material alterations to information they assumed would be damaging.

For a great article written by our friends over at Stroock, Stroock & Lavan that provides a primer for what you and your team should consider in advance of collecting data in the face of litigation click here

FREE WEBINAR – The Dangers of Self-Collecting! 
Register today to learn about pitfalls to be avoided in the early stages of the discovery process. Topics covered will consist of the latest best practices, pre-collection preparation, and vendor vetting.

Collin Bentley, Director of Digital Forensics at Superior Discovery, will be be on-hand to field questions regarding the latest industry trends and what to consider when dealing with social media or mobile device acquisitions. Click the Events button below for the agenda and more in-depth information.

Eventbrite - Dangers of Self Collecting - Forensics in February Webinar Series