E-discovery is a rapidly evolving profession, industry and skill set. Although it has been an element within litigation for many years, the field is never quite “complete.” New file formats, unique levels of metadata and the ever evolving number of potential containers or sources continually seek to test an e-discovery professional’s level of thoroughness or expertise. The identification, processing and management of custodian related data requires diligence, experience and a comprehensive understanding of modern techniques. Technology, however, is rarely willing to stand still.  One of the more recent “hot topics” within e-discovery circles has been the birth of geotagging within discoverable data. This level of data is created and based on geographical information or elements that are either automatically provided or included based on the user’s request. One of the most common applications of this is the recording of GPS data on photographs, however the “common” definition of geotagging can be extended into other areas, such as user positioning and geolocation (i.e. where you just sent your last Facebook update from). While this might seem to be a relatively harmless addition to the open plains of Metadataland, in the opinion of this author, it could potentially become a nightmare for e-discovery professionals. Read the rest of this entry »

Social media platforms such as Twitter, Facebook, LinkedIn and MySpace have become pillars in the Web 2.0 world. In many households and corporate America, these websites and services have become verbs, adjectives and nouns that are used in everyday discourse. These platforms enable users or subscribers to instantly post or review information from a variety of devices, support file sharing and are basically public information resources built on data we allow for communal access. From Congressmen Twittering during an event to posting personal information to a Facebook page, social media has reformed how information is stored and communicated, in both a business and personal sense. For example, blogs have, in many respects, replaced newspaper commentary as potentially viable sources of information. One facet of the discussion concerning social media that has gone relatively unpronounced is the relationship between these 3rd party platforms and the potential implications on electronically stored information (ESI) within the e-discovery process. Following the structure of the EDRM, how should litigation support professionals, e-discovery specialists and attorneys proceed within this largely uncharted territory? Read the rest of this entry »