Generated by All in One SEO Pro v5.0.0.1, this is an llms.txt file, used by LLMs to index the site. # Innovative Driven ## Sitemaps - [XML Sitemap](https://www.innovativedriven.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Blogs](https://www.innovativedriven.com/blogs/) - Archive of all Innovative Driven Blog posts. - [Innovative Driven Announces Commitment to Respecting Data by Becoming a 2022 Data Privacy Week Champion](https://www.innovativedriven.com/blog/dataprivacyweek2022/) - This year’s initiative emphasizes educating businesses on data collection best practices that respect data privacy and promoting transparency. Falls Church, VA & Arlington, VA (January 24, 2022) — Innovative Driven (ID) today announced its commitment to Data Privacy Week by registering as a Champion. As a Champion, Innovative Driven recognizes and supports the principle that - [Stop the Bleeding: Smart Microsoft 365 Storage Cleanup and Cost Optimization ](https://www.innovativedriven.com/smart-microsoft-365-storage-cleanup-and-cost-optimization/) - An unexpected increase in Microsoft 365 storage costs can look like a licensing or capacity problem. Often, it is something more important: a warning that information is accumulating faster than the organization is governing it. - [Vibe Coding in eDiscovery: Innovation and Judgement Working Together ](https://www.innovativedriven.com/vibe-coding-in-ediscovery/) - Vibe coding makes building software faster than ever. But in eDiscovery, working software and defensible software are not the same thing. Here is what legal teams need to know before deploying AI generated tools on live matters. - [How Military Experience Shapes Leadership, Marketing, and Client Outcomes](https://www.innovativedriven.com/how-military-experience-shapes-leadership-marketing-and-client-outcomes/) - What happens when military discipline meets legal services? Discover how veterans are redefining leadership, client strategy, and marketing in today's most complex matters. - [From Legal Tech to Legal Strategy: Why the Future of Law Depends on Technical Fluency  ](https://www.innovativedriven.com/from-legal-tech-to-legal-strategy/) - Legal expertise alone is no longer enough. Find out why technical fluency is quickly becoming the most important competitive advantage in modern legal services. - [Innovative Driven Earns 2026 Chambers and Partners Recognition in eDiscovery  ](https://www.innovativedriven.com/2026-chambers-and-partners-recognition-in-ediscovery/) - Eight years at the top takes more than good technology. See what keeps Innovative Driven ranked Band 1 in eDiscovery and what the 2026 Chambers recognition says about where the industry is heading. - [What’s Lurking in the Shadows of Dark Patterns?](https://www.innovativedriven.com/whats-lurking-in-the-shadows-of-dark-patterns/) - It's that time of year when pumpkin sales soar, horror movies are plentiful, and everyone plans to dress as some spooky character for trick or treat. It's the tricksters we need to be aware of – the Captain Jack Sparrow type. As a sea pirate, Jack is confident in every situation. He cheats his way - [Perspective, Judgment, and the Practice of Law: Human Insight in an Evolving Legal Landscape ](https://www.innovativedriven.com/human-insight-in-an-evolving-legal-landscape/) - AI can surface the data, but it cannot make the call. Find out how one attorney's transatlantic career reveals what human judgment still means in an era of rapid legal transformation. - [What Legal Staffing Looks Like When Quality, Responsiveness, and Trust Come First](https://www.innovativedriven.com/driving-legal-staffing-results/) - Being named one of the largest legal staffing firms in the US is just the headline. Here is what actually drives consistent results in legal staffing when the pressure is on. - [New Sanctions Case Offers Lessons on ESI Protocols and Information Governance Policies ](https://www.innovativedriven.com/new-sanctions-case-offers-lessons-on-esi-protocols-and-information-governance-policies-2/) - Explore how ESI protocols impact eDiscovery, focusing on recent cases like Keurig, and learn how courts handle preservation violations and sanctions. - [Intelligent IG Services and Solutions: What You May be Missing](https://www.innovativedriven.com/intelligent-ig-services-and-solutions-what-you-may-be-missing/) - Get a polished data roadmap: policy design, training, audits, and vendor-supported migrations that align with GDPR, ISO, and privacy laws. - [The Benefits of Using Analytics and TAR for Your Smaller Review ](https://www.innovativedriven.com/the-benefits-of-using-analytics-and-tar-for-your-smaller-review/) - This article demonstrates how TAR and analytics deliver efficiency, cost savings, and accuracy even in smaller e-discovery reviews. - [Innovative Driven Names Bryan Campbell and April Pish, Esq. as Co-Presidents to Lead the Organization into the Future](https://www.innovativedriven.com/innovative-driven-names-bryan-campbell-and-april-pish-esq-as-co-presidents-to-lead-the-organization-into-the-future/) - Innovative Driven appoints Bryan Campbell as co-president, signaling a collaborative leadership focus on innovation, accountability, and client success. - [The Importance of Data Assessment and Clarification Before an eDiscovery Project ](https://www.innovativedriven.com/the-importance-of-data-assessment-and-clarification-before-an-ediscovery-project/) - Explore why data clarification and assessment matter for eDiscovery, court admissibility, and smarter decisions in today’s data-driven world. - [Five Tips to Interviewing Remotely ](https://www.innovativedriven.com/five-tips-to-interviewing-remotely/) - Master remote interviews with five expert prep tips: research the company, rehearse answers, project confidence, create a professional space, and test your tech - [AI in Law: Notes from Sedona WG13 - And What Legal Teams Should Do Next ](https://www.innovativedriven.com/ai-in-law-notes-from-sedona-wg13/) - Generative AI is already reshaping law. Learn practical guardrails, measurable workflows, and how to move from pilots to production. - [What Happened on LinkedIn?](https://www.innovativedriven.com/what-happened-on-linkedin/) - Discover the recent LinkedIn data scrape affecting 92% of users. Learn how to protect your information and avoid cyber threats today. - [Early Signs of Malicious Users on Your Network](https://www.innovativedriven.com/early-signs-of-malicious-users-on-your-network/) - Protect your business by learning how to identify malicious users on your network with expert monitoring tips and early detection strategies. - [Working From Home: How to Stay Focused, Productive, and Happy  ](https://www.innovativedriven.com/working-from-home-how-to-stay-focused-productive-and-happy/) - Find balance and boost productivity working from home with tips on a dedicated workspace, boundaries, schedules, and healthy breaks. - [2023 Tech Glossary](https://www.innovativedriven.com/2023-tech-glossary/) - Explore this formal glossary of messaging apps and ESI terms shaping modern eDiscovery—clear definitions, key authorities, and practical insights. - [How to Find a Company Culture that is Right for You ](https://www.innovativedriven.com/6896-2/) - Assess culture fit with actionable steps: research, reflect on values, and observe during interviews for day-to-day alignment. - [The Outsized Impact of Text Messages on Litigation](https://www.innovativedriven.com/the-outsized-impact-of-text-messages-on-litigation/) - Understand how text message retention, deletion, and unsend features affect litigation preservation and sanctions. - [Governing AI: An Ethical, Legal, and Technical Blueprint ](https://www.innovativedriven.com/governing-ai-an-ethical-legal-and-technical-blueprint/) - Explore the four pillars of governing AI—ethics, law, literacy, and global cooperation—and learn how to govern AI responsibly. - [Patch it Up! Lessons from the CrowdStrike Incident](https://www.innovativedriven.com/patch-it-up-lessons-from-the-crowdstrike-incident/) - Exploring the CrowdStrike outage: why superficial patches fail and how robust, timely responses protect critical infrastructure. - [Why a Chambers and Partners Litigation Support Ranking Matters ](https://www.innovativedriven.com/why-a-chambers-and-partners-litigation-support-ranking-matters/) - Innovative Driven secures Band 1 in the 2025 Chambers eDiscovery ranking, underscoring client-focused service, teamwork, and tech-enabled expertise. - [Trash Bag Discovery: The Dark Side of Document Review](https://www.innovativedriven.com/trash-bag-discovery-the-dark-side-of-document-review/) - Explore the dark side of discovery: how a trash bag of documents can uncover millions in fraud and drive bankruptcy cases. - [Are you a data hoarder?](https://www.innovativedriven.com/are-you-a-data-hoarder/) - Are you an eDiscovery hoarder? Discover how over-processing inflates costs, and how a Hybrid approach saves space and reduces vendor fees. - [Lipstick on a Pig: 5 Reasons to Love E-Discovery](https://www.innovativedriven.com/lipstick-on-a-pig-5-reasons-to-love-e-discovery/) - Discover five constructive perspectives on e-discovery: unlock the evidence you need, prove value with benchmarking, and show judges you’re reasonable. - [The Price of Being an Innocent Bystander: Managing Discovery Obligations for Non-parties](https://www.innovativedriven.com/the-price-of-being-an-innocent-bystander-managing-discovery-obligations-for-non-parties/) - Master how non-parties can curb discovery costs with readiness, rights under Rule 45, and smart negotiation tactics. - [Thirteen Important Factors to Consider in Creating an Effective Keyword Search](https://www.innovativedriven.com/thirteen-important-factors-to-consider-in-creating-an-effective-keyword-search/) - Discover a practical decision tree for keyword searching in eDiscovery, from defining purpose to refining terms and multilingual handling. - [Navigating the Future of Work: Unveiling the Potential and Preparing for Microsoft 365 Copilot](https://www.innovativedriven.com/navigating-the-future-of-work-unveiling-the-potential-and-preparing-for-microsoft-365-copilot/) - Discover what Microsoft 365 Copilot means for security, compliance, and data governance. Practical steps to prepare your organization today. - [5 Common Interview Mistakes...and How to Avoid Them](https://www.innovativedriven.com/5-common-interview-mistakes-and-how-to-avoid-them/) - Master interviews with practical fixes: research the company, rehearse common questions, and arrive prepared to boost confidence and results. - [The Data Dump: what to do when you’ve received too much data?, Part 3](https://www.innovativedriven.com/the-data-dump-what-to-do-when-youve-received-too-much-data-part-3/) - Discover how iterative workflows and machine learning tools like TAR to optimize document review, saving time and enhancing case strategy. - [The Complete Guide to Understanding the eDiscovery Process](https://www.innovativedriven.com/the-complete-guide-to-understanding-the-ediscovery-process/) - Blame it on the internet: email and other communication technologies make it too easy to create and store digital information. The problem is that this has led to an explosion of data—and not just your personal documents stored in a single location. There's also the stuff you post online (sometimes called "the cloud"), which can - [The Data Dump: what to do when you’ve received too much data? Part 2](https://www.innovativedriven.com/the-data-dump-what-to-do-when-youve-received-too-much-data-part-2/) - Discover efficient techniques to identify key evidence from large data collections, filling evidentiary gaps with strategic keyword and metadata analysis. - [Managing Remote Teams the "Taylor Way."](https://www.innovativedriven.com/blog/remote-teams-are-successful-when-managed-the-taylor-way/) - November 13, 2019 Kim Taylor, longtime information technology and legal service executive, started out as a skeptic of remote work. Now, the chief executive officer of Innovative Driven leads a company where many of the personnel works remotely some, or all, of the time. He now sees remote employees as a beneficial part of a - [CPRA & VCDPA - Are You Ready?](https://www.innovativedriven.com/blog/cpra-vcdpa-are-you-ready/) - How to Stay Compliant with the New CPRA and VCDPA Privacy Data Laws Data in America is currently regulated through a patchwork of laws. At the state level, there are privacy data laws and breach notification laws. Privacy data laws are always changing, and the two recent laws enacted in California and Virginia are proof - [Terminating Sanctions Order Emphasizes the Need for Safeguards to Ensure Disposition Programs are Defensible](https://www.innovativedriven.com/blog/terminating-sanctions-order-emphasizes-the-need-for-safeguards-to-ensure-disposition-programs-are-defensible-blog/) - Organizations have begun to realize the value of implementing defensible disposition programs to eliminate data that has low value. When properly handled, disposition programs can reduce the costs and risks associated with retaining data stockpiles. However, disposition initiatives that lack safeguards to ensure relevant information is preserved for litigation could leave an organization vulnerable to - [eDiscovery and Ethical Considerations for Social Media](https://www.innovativedriven.com/blog/ediscovery-and-ethical-considerations-for-social-media-2/) - Social media has changed considerably over the past several years. Newer forms of media—from messaging applications to digital assistants—are raising a number of ethical and practical issues that counsel must address in litigation. As discussed in a post recently published by the Relativity Blog, one of the primary issues on this front is ensuring that - [Getting to Know Your ESI: Early data mapping efforts pay dividends - Part 2](https://www.innovativedriven.com/blog/getting-know-esi-early-data-mapping-efforts-pay-dividends-part-2/) - Discover essential steps to create an effective data map for your organization, helping you understand data storage, flow, and custodianship. - [Privacy Regulations Popping Up Like Spring Flowers](https://www.innovativedriven.com/blog/privacy-regulations-popping-up-like-spring-flowers/) - California and Virginia have passed comprehensive privacy regulations. The California law has been amended. More than 10 other states have introduced privacy legislation. Plus a federal privacy bill has been introduced. To state the obvious, such a patchwork of regulations makes implementing a compliance program a challenge. You might even find it confusing or intimidating. - [Best Practices for a Successful eDiscovery Project ](https://www.innovativedriven.com/blog/best-practices-for-a-successful-ediscovery-project/) - Discover essential best practices for successful eDiscovery projects, from stakeholder engagement to leveraging technology and avoiding common pitfalls. - [Court Issues Doomsday Sanctions, Finds Counsel Lacking eDiscovery Competence](https://www.innovativedriven.com/blog/court-issues-doomsday-sanctions-finds-counsel-lacking-ediscovery-competence/) - The nature of a lawyer’s duty of competence has been the subject of debate ever since the ABA revised its definition of competence almost four years ago to require lawyers to understand “the benefits and risks associated with relevant technology.” Since that time, much ink has been spilled advocating the importance of technological competence for lawyers, particularly in the - [FRE 502(d): Don’t Litigate Without It](https://www.innovativedriven.com/blog/fre-502d-dont-litigate-without-it/) - Litigators, do you seek a Rule 502(d) order in every Federal case? If not, why? Federal Rule of Evidence 502 (“Rule 502”), which went into effect just over ten years ago, addresses the evidentiary issues arising from the disclosure of attorney-client privilege or work product information in discovery.[1] The rule was enacted for two express purposes. - [Safely Navigating the Stormy Seas of Social Media Discovery](https://www.innovativedriven.com/blog/safely-navigating-the-stormy-seas-of-social-media-discovery/) - Social media is used by billions of people for personal and professional purposes. Our pocket-sized cell phones provide a gateway for instant connection and gratification through social media, at any time and in any place. Individuals use social media to share their achievements, family vacation photos, political views, and favorite videos. Organizations leverage social media - [Lessons Learned for 2018: Spotlighting the Top eDiscovery Cases from 2017](https://www.innovativedriven.com/blog/lessons-learned-for-2018-spotlighting-the-top-ediscovery-cases-from-2017/) - With the New Year upon us, it is worth looking back at some of the key eDiscovery cases from 2017 and the lessons they offer going forward in 2018. Get a Rule 502(d) Order to Protect Privileged ESI Case: Irth Sols., LLC v. Windstream Commc'ns LLC, No. 2:16-cv-219, 2017 WL 3276021 (S.D. Ohio Aug. 2, - [What the Pipeline Didn’t Prepare For: Your Data Gives You Control](https://www.innovativedriven.com/blog/what-the-pipeline-didnt-prepare-for-knowing-where-your-data-lives-gives-you-control/) - Nate Latessa, VP of Corporate Services Ransomware attacks increased by 485% in 2020 compared to 2019 and they do not appear to be slowing down anytime soon. This week’s attack on the Colonial Pipeline is further proof of how effective and disruptive these ransomware attacks have become. This latest example also represents a change in - [It’s Not Just Your Data Anymore](https://www.innovativedriven.com/blog/its-not-just-your-data-anymore/) - In the last two years, there have been over 100 privacy and cyber security laws enacted globally. In the US alone, each of the 50 states has its own data breach law. BUT data breaches and privacy threats continue to grow. It seems any organization that collects and stores personal or sensitive data is inevitably - [February 2022 Privacy Newsletter](https://www.innovativedriven.com/february-2022-privacy-newsletter/) - Spotlight: How to Implement and Maintain a Privacy Compliance Program We live in the era of Big Data and, according to estimates, the volume of business data worldwide, across all companies, doubles every 1.2 years. Unlike oil, which is a precious resource of limited availability, data is voluminous – in fact, organizations are drowning in - [Q & A with eDiscovery Expert Amy Sellars from Cardinal Health](https://www.innovativedriven.com/blog/q-a-with-ediscovery-expert-amy-sellars-from-cardinal-health/) - Discovery challenges in 2020 seem to be increasing rather than decreasing. Indeed, the proliferation of ephemeral messaging apps and workplace collaboration tools spotlight just a few of the complexities surrounding eDiscovery confronting organizations today. Against this backdrop, it’s a relief to know there are experts in the field of eDiscovery who can help clients navigate - [Lessons from the Experts on Addressing Digital Age Threats](https://www.innovativedriven.com/lessons-from-the-experts-on-addressing-digital-age-threats/) - What are the common gateways to cyberattacks? What are the risks associated with the Internet of Things (IoT)? What steps can organizations take to address personal cloud applications and other digital age threats? These were just a few of the key questions that a panel of legal technology experts considered during the Relativity Fest 2016 - [You Can’t Protect Data You Can’t Find](https://www.innovativedriven.com/blog/you-cant-protect-data-you-cant-find/) - New and emerging privacy laws have ratcheted up the pressure on organizations to protect customer and employee data better. With corporate data volumes increasing by 62% every year, it's becoming more difficult and more expensive to protect sensitive information. Further compounding the problem, a recent survey by Gemalto found that only 54% of companies know - [Breakdowns and Tune-Ups: Getting the Litigation Hold Process Right](https://www.innovativedriven.com/breakdowns-and-tune-ups-getting-the-litigation-hold-process-right/) - When Volkswagen pleaded guilty this month to obstruction of justice charges stemming from its use of emissions “defeat devices,” legal counsel for the automobile manufacturer probably started to take inventory on what it might have done differently to have avoided such a fate. While that list likely included any number of entries, somewhere near the - [How to Protect IP in Today's Big Data World](https://www.innovativedriven.com/blog/how-to-protect-ip-in-todays-big-data-world/) - October 30, 2019 Companies rely on big data and expert data engineering services to improve and develop their products and services as well as boost their profits. Big data does so much for many industries as it is at the forefront of data analysis, extraction of information and deals with large sets of data. Some - [Data Breach Lawsuit Highlights: Standing & the Fading Impact of Clapper](https://www.innovativedriven.com/data-breach-lawsuit-highlights-standing-the-fading-impact-of-clapper/) - While news broke on August 18th of Ashley Madison’s stolen data being released via the dark web, Target was penning the final strokes on a $67 million settlement agreement with Visa stemming from its 2013 largely-publicized data breach[1]. This bookend series of events on a single day from two divergent companies highlights the life cycle - [The Difficulty in Getting Courts to Follow Rules Changes: “This Time was Supposed to be Different”](https://www.innovativedriven.com/the-difficulty-in-getting-courts-to-follow-rules-changes/) - It has been nearly a year since the most recent eDiscovery amendments to the Federal Rules of Civil Procedure were enacted. Since that time, many have praised the rule amendments. This is particularly the case with Rule 26(b)(1). Rule 26(b)(1) was revised to emphasize the temporizing influence of proportionality standards, eliminate subject matter discovery, and - [Amazon’s Alexa and Apple’s Siri: the New Star Witnesses in Discovery?](https://www.innovativedriven.com/amazons-alexa-and-apples-siri-the-new-star-witnesses-in-discovery/) - There are parts of our lives we assume are completely private, hidden from the world. We believe there is no record of these things, or that whatever exists could not be accessed by others. But how much of our lives is really off-the-record today, and for how much longer? Recently, Arkansas police found an Amazon - [Innovative Driven to Continue Leadership in Finding Treatments and Cures for Blindness](https://www.innovativedriven.com/scramble-for-sight-2021/) - PHOTO: L to R, Max Sundstrom, Steve Sundstrom, David Brint, Scott Burt. Max and Steve are members of Birdie Boys team which has played in EVERY Scramble for Sight since 2001 and have won three times. David Brint is the Chairman of the Board of the Foundation Fighting Blindness, and Scott Burt is the Chair - [3 Reasons You’re Afraid of Technology Assisted Review…and Shouldn’t Be](https://www.innovativedriven.com/3-reasons-youre-afraid-of-technology-assisted-reviewand-shouldnt-be/) - Beginning with the court’s approval of a technology assisted review (TAR) protocol in Da Silva Moore[1] in early 2012, it seemed TAR was about to revolutionize discovery. In a world of exponentially growing data and corresponding document review costs, TAR was the answer that would save us all! Document review costs could stop soaring into - [New Cases Spotlight Production Pitfalls in eDiscovery with Slack](https://www.innovativedriven.com/new-cases-spotlight-production-pitfalls-in-ediscovery-with-slack/) - Slack is a popular cloud-based team collaboration and messaging platform used by a wide variety of organizations. Similar to other messaging platforms that have grown in popularity, Slack is unknown to many counsel and courts. Nevertheless, content from Slack is increasingly being sought by parties in discovery. A lack of knowledge about Slack or similar - [Update: Article 31 Committee Deems Privacy Shield Adequate, "New Safe Harbor" Takes Effect August 1.](https://www.innovativedriven.com/update-article-31-committee-deems-privacy-shield-adequate-new-safe-harbor-takes-effect-august-1/) - Transferring Personally Identifiable Information (“PII”) data between the EU and the US is about to get easier. As expected, the “Privacy Shield” was deemed adequate by the Article 31 committee on July 12, despite concerns of the Article 29 working party. This agreement technically goes into effect on August 1, but mark your calendars for - [Social Messaging Applications Herald a New Era of Discovery Challenges](https://www.innovativedriven.com/social-messaging-applications-herald-a-new-era-of-discovery-challenges/) - Social Messaging Applications Herald a New Era of Discovery Challenges Discovery of social networking content has traditionally focused on social media platforms. This means requesting parties have sought to obtain and responding parties have attempted to preserve and produce relevant posts and messages from traditional sites like Facebook and Twitter. Indeed, the case law on - [What Is the Information Lifecycle?](https://www.innovativedriven.com/what-is-the-information-lifecycle/) - by: Kim Taylor, CEO Here at Innovative Driven, we say that we partner with law firms, corporations, and government agencies to provide service, guidance, and consultation throughout the information lifecycle. It makes perfect sense to us, but for some, it may raise the question, “what exactly IS the information lifecycle?” In short, managed information goes - [What Next Year Holds for eDiscovery](https://www.innovativedriven.com/what-next-year-holds-for-ediscovery/) - Learn about the evolving landscape of eDiscovery in 2014—from firm strategies and court cooperation to proposed rule changes and model orders. - [New Case Law Spotlights the Need for Effective ESI Protocol Practices](https://www.innovativedriven.com/new-case-law-spotlights-the-need-for-effective-esi-protocol-practices/) - Basic issues have become increasingly contentious, with litigants failing to stipulate to an ESI protocol and lack of sophistication with protocol issues - [April Pish, Esq. Joins ID’s Industry-Leading Team of Expert Consultants](https://www.innovativedriven.com/april-pish-esq-joins-ids-industry-leading-team-of-expert-consultants/) - [Arlington, VA, February 20, 2023] – Innovative Driven (ID), a company dedicated to helping law firms, corporations, and government agencies use their data to achieve their goals, grow their business, and operate efficiently, is proud to announce that April Pish, Esq. has joined its expert team of Chambers-ranked consultants. PRESA, ID’s team of industry-leading consultants, - [Managing Risk and Costs of Email Archives](https://www.innovativedriven.com/managing-risk-and-costs-of-email-archives/) - Managing the risk and costs of email archives is an essential aspect of modern business. With the increasing amount of data being generated every day, it’s important to ensure that your email archives are managed efficiently and effectively. In this blog, we will discuss the risks and costs associated with email archives and how to - [An Introduction to Data Cleanup](https://www.innovativedriven.com/an-introduction-to-data-cleanup/) - Download Guide: Identifying and Eliminating Data Hoarding in Your Organization There is a term that’s used to describe the large, hard-to-manage volumes of data – both structured and unstructured – that inundate organizations on an increasing basis – Big Data. As evidenced by the growth of data in the world and the variety of sources - [Special Masters: A Cost Effective Method for Handling eDiscovery](https://www.innovativedriven.com/blog-special-masters-a-cost-effective-method-for-handling-ediscovery/) - Special Masters: A Cost Effective Method for Handling eDiscovery Litigants and courts are always on the lookout for ways to expedite the disposition of litigation. One of the most cost-effective methods for doing so is engaging a special master to help manage discovery. Why Seek the Appointment of a Special Master? The value of using - [Three New Changes to the Revised CCPA Regulations and New CCPA Lawsuits](https://www.innovativedriven.com/three-new-changes-to-the-revised-ccpa-regulations-and-new-ccpa-lawsuits/) - While the rest of the world has been grappling with the COVID-19 pandemic, the California Attorney General published on March 11, 2020, the second set ofrevisions to its proposed regulations for the California Consumer Privacy Act. As the March regulations bring further clarity (and, some in instances, confusion) to the CCPA landscape, litigation is also - [Fatal Attraction? Examining the Merits of Ephemeral Messaging](https://www.innovativedriven.com/fatal-attraction-examining-the-merits-of-ephemeral-messaging-blog/) - Mobile messaging applications are front and center today. News about the proliferating use of these applications seems to dominate headlines around the globe. Whether spotlighting their utility in advancing business objectives or ruminating over indiscretions shared through text messages, there is no getting away from the reality that messaging applications—for better or for worse—are a - [Recent Cases Spotlight the Challenges of Cross-Border Data Protection Laws in eDiscovery](https://www.innovativedriven.com/recent-cases-spotlight-the-challenges-of-cross-border-data-protection-laws-in-ediscovery/) - Cross-border data protection laws are increasingly affecting domestic U.S. discovery proceedings. Globalization has placed discoverable information beyond the boundaries of the U.S. and has often forced litigants to satisfy those laws in order to produce or obtain such information. To meet the challenges of foreign data protection laws, organizations will need to be prepared. As - [GDPR: Who Is A Data Subject](https://www.innovativedriven.com/gdpr-who-is-a-data-subject/) - This post is the fourth of a series of short blog posts about GDPR. Click here to go to the first blog post One of the most surprising things about the GDPR is its failure to specifically define who is a “data subject.” Despite the centrality of this concept to the GDPR, the only meaningful - [GDPR: What Is Personal Data?](https://www.innovativedriven.com/gdpr-what-is-personal-data/) - This post is the third of a series of short blog posts about GDPR. Click here to go to the first blog post The GDPR only applies to Personal Data, which is defined in Article 4: ‘[P]ersonal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person - [GDPR: What Is Data Processing](https://www.innovativedriven.com/what-is-data-processing/) - This post is the second of a series of short blog posts about GDPR. Click here to go to the first blog post "You keep using that word. I do not think it means what you think it means." - I. Montoya Long time eDiscovery professionals recognize data processing as the method by which data, - [Protecting Work Product in the Age of Electronic Discovery](https://www.innovativedriven.com/protecting-work-product-in-the-age-of-electronic-discovery/) - One of the most critical issues that attorneys must address in litigation is the need to protect their work product. Despite the importance of this issue, some lawyers have forgotten the basic elements of the work product doctrine. They might remember Hickman v. Taylor[1] from law school, together with Justice Jackson’s famous injunction against preparing - [The Evolving Threat of Ransomware and How to Protect Your Company](https://www.innovativedriven.com/the-evolving-threat-of-ransomware-and-how-to-protect-your-company/) - By now, most people are aware of the trending topic of cybersecurity. They have read about the Ashley Madison, Target, or Sony breaches that have occurred in recent years. These more widely publicized types of cybersecurity breaches involved personal identify information (“PII”) being hacked and either distributed to the public or possibly sold via the - [Catching the Information Governance Wave](https://www.innovativedriven.com/catching-the-information-governance-wave/) - Not far from my hometown of Mountain View, California, the annual Titans of Mavericks surfing competition took place last week. Outside of Waimea Bay, Mavericks is perhaps the most thrilling professional surf competition in the world. Competitors attempted to catch enormous waves, all while trying to avoid being thrashed on the rocky beach, drowned in - [California BYOD May Get More Expensive](https://www.innovativedriven.com/california-byod-may-get-more-expensive/) - Earlier this month the California Court of Appeals issued an opinion that could weigh heavily on a company’s decision to have BYOD in California. In Cochran v. Schwan's Home Service, the Court explained that "…when employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them. - [Who picks up the tab for e-Discovery? A roadmap for cost shifting under Rule 26(c)](https://www.innovativedriven.com/who-picks-up-the-tab-for-e-discovery-a-roadmap-for-cost-shifting-under-rule-26c/) - Does your e-Discovery strategy for a new case include determining what costs should be paid by the other party? A little advance planning can save you a lot of money. If you can show that the burden of certain information outweighs its likely benefit, you may be able to shift costs to the other side, - [Looking Back on 2013, Major Developments and Changes We Saw](https://www.innovativedriven.com/looking-back-on-2013-major-developments-and-changes-we-saw/) - Explore the top five eDiscovery trends of 2013, including predictive coding, cost shifting, FRCP changes, sanctions, and vendor evolution, shaping the legal industry. - [Navigating Social Media Discovery: Steps Counsel Can Take to Address Mass Deletion of Social Media History](https://www.innovativedriven.com/navigating-social-media-discovery-steps-counsel-can-take-to-address-mass-deletion-of-social-media-history/) - Philip Favro, Consultant, Information Governance & eDiscovery, Innovative Driven Helen Adams, U.S. Magistrate Judge, Southern District of Iowa Leslie Behaunek, Litigation Partner, Nyemaster Goode “How many Facebook friends do you have?” You’ve probably heard this question before, usually followed by advice on how to get more social media followers. The whole point of social media - [Privacy Happenings - April 2022](https://www.innovativedriven.com/privacy-happenings-april-2022/) - In Case You Missed It: This Month’s Privacy Topics Sanity: Implement a Privacy Framework For privacy professionals attempting to implement privacy and data security programs, it’s a tumultuous journey. Existing regulatory requirements are changing – consider the amendments made to the CCPA by the CPRA and those recently passed for the VCDPA. New US state - [Privacy Headlines - 2021 in Review](https://www.innovativedriven.com/2021-in-review-privacy-headlines/) - Data Breaches Data breaches frequently made the headlines throughout 2021. Phishing and ransomware proved to be the two most popular tools for bad actors. Fines and number of affected individuals were massive — not to mention service disruption. The Colonial Pipeline ransomware attack by DarkSide disrupted the petroleum supply chain along much of the East - [December Privacy Happenings](https://www.innovativedriven.com/blog/december-privacy-happenings/) - The Newest Business Disrupter It’s undeniable – we are plugged in. Digital devices permeate nearly every facet of our lives, and the digital universe continues to expand. As these devices become more prevalent, larger proportions of our daily lives are stored, managed, and processed online. A 2019 Pew report indicated roughly 6 in 10 Americans - [Innovative Driven Launches Podcast: On Air with ID](https://www.innovativedriven.com/innovative-discovery-launches-podcast-on-air-with-id/) - [Arlington, VA, Aug. 31, 2021] – Innovative Driven (ID), data experts serving law firms, corporations, and government agencies through the information lifecycle, is pleased to announce the launch of its podcast, On Air with ID, ­­a deep dive into industry trends, best practices, and all things data. On Air with ID will be a mix of audio versions of - [Understanding and Addressing Discovery Challenges with Slack](https://www.innovativedriven.com/understanding-and-addressing-discovery-challenges-with-slack/) - Slack is a popular cloud-based team collaboration and messaging platform used by a wide variety of organizations. Similar to other workplace messaging platforms that have grown in popularity, Slack remains largely unknown to many lawyers and judges. Nevertheless, Slack contains business communications, documents, graphics, and other information that may be subject to discovery. A lack - [Court Sanctions Safeway, Spotlights the Importance of Conducting a Reasonable Search](https://www.innovativedriven.com/court-sanctions-safeway-spotlights-the-importance-of-conducting-a-reasonable-search/) - In the world of eDiscovery, there is considerable debate over what constitutes a reasonable search for relevant electronic data. On the one hand, parties generally agree that a “reasonable inquiry” must be conducted pursuant to Federal Rule of Civil Procedure 26(g). That means a search need not be perfect such that all information relevant to - [Lessons Learned for 2017: Spotlighting the Top eDiscovery Cases from 2016](https://www.innovativedriven.com/lessons-learned-for-2017-spotlighting-the-top-ediscovery-cases-from-2016/) - With the New Year upon us, it is worth reflecting on some of the key eDiscovery cases from 2016 and the lessons they offer for reducing the costs and risks of discovery. These cases also spotlight the expectations that courts will likely have for counsel and clients in 2017 and beyond. Adopting a Cooperative Approach - [Court Rejects Slack Production, Spotlights Discovery Pitfalls for Requesting Parties](https://www.innovativedriven.com/blog-court-rejects-slack-production-spotlights-discovery-pitfalls-for-requesting-parties/) - Discovery issues associated with Slack data have typically focused on responding parties. However, a recent court order rejecting production of Slack communications should be cause for concern among requesting parties. In Laub v. Horbaczewski, the court held that relevant Slack messages were not reasonably accessible and beyond the responding party’s possession, custody, or control. The - [Lessons Learned for 2020: Spotlighting the Top eDiscovery Cases from 2019](https://www.innovativedriven.com/lessons-learned-for-2020-spotlighting-the-top-ediscovery-cases-from-2019/) - With the New Year upon us, it is worth looking back at some of the key eDiscovery cases from 2019 and examining the lessons they offer going forward in 2020. Understanding the Challenges with Obtaining and Producing Relevant Content from Slack Case: Calendar Research LLC v. StubHub, Inc., No. 17-cv-4062, 2019 WL 1581406 (C.D. Cal. Mar. - [The Challenges of Handling eDiscovery in an Increasingly Mobile World](https://www.innovativedriven.com/the-challenges-of-handling-ediscovery-in-an-increasingly-mobile-world/) - The eDiscovery challenges with mobile devices seem to be all over the headlines in 2018. This year alone has seen White House officials and the Missouri governor struggle to address fallout from their respective use of self-destructing messaging applications. One of the most watched trials in the country – Waymo v. Uber – could very - [New ACC Report Spotlights Correlation between IG Maturity and Discovery Responsiveness](https://www.innovativedriven.com/blog-new-acc-report-spotlights-correlation-between-ig-maturity-and-discovery-responsiveness/) - The Association of Corporate Counsel (“ACC”) has published a new survey report that discusses significant challenges companies are facing when it comes to preserving and producing relevant electronically stored information (“ESI”) for U.S. litigation. In particular, the report provides detailed metrics that spotlight a correlation between information governance maturity and discovery responsiveness. Understanding this correlation - [Key Changes from the Newly Revised CCPA Regulations](https://www.innovativedriven.com/key-changes-from-the-newly-revised-ccpa-regulations/) - The California Attorney General published on February 7, 2020 (and subsequently updated on February 10, 2020) revisions to its proposed regulations for the California Consumer Privacy Act (“CCPA”). While the modifications to the proposed regulations (hereinafter “revised regulations”) could be perceived as an added layer of complexity, a careful review of the redline changes issued - [Smart Discovery Practices Required for Addressing Smartphone Discovery](https://www.innovativedriven.com/smart-discovery-practices-required-for-addressing-smartphone-discovery/) - “Today, Apple is going to reinvent the phone.” Steve Jobs, January 9, 2007. A little over a decade ago, Apple Inc.’s chief executive officer, Steve Jobs, announced the upcoming release of a “revolutionary” development: the iPhone. The iPhone would combine telephone functionality and “Breakthrough Internet Communications” with a wide, touch-screen interface. All of which would - [Chambers Touts Driven, Inc. in New 2020 eDiscovery (Litigation Support) Rankings](https://www.innovativedriven.com/chambers-touts-driven-inc-in-new-2020-ediscovery-litigation-support-rankings/) - Chambers and Partners, the internationally renowned legal rankings firm, has given Driven, Inc. top billing in its annual rankings for eDiscovery (litigation support) firms in the U.S. Widely recognized as the “legal industry’s most prestigious rankings,”[1] Chambers placed Driven in “Band Three”.[2] “We are very pleased to see Chambers continues to recognize the value that - [Court Requires Production of Filepath Metadata, Spotlights Importance of eDiscovery Experts](https://www.innovativedriven.com/court-requires-production-of-filepath-metadata-spotlights-importance-of-ediscovery-experts/) - Courts have required the preservation and production of relevant metadata for electronically stored information (ESI) now for over 15 years. The Federal Rules of Civil Procedure (FRCP) have likewise mandated that parties produce relevant metadata since the 2006 eDiscovery amendments. The Sedona Principles have also provided related guidance during this time, emphasizing that relevant metadata - [Top European Court Invalidates Privacy Shield, Unsettles Personal Data Transfer Practices under the Standard Contractual Clauses](https://www.innovativedriven.com/top-european-court-invalidates-privacy-shield-unsettles-personal-data-transfer-practices-under-the-standard-contractual-clauses/) - The European Union Court of Justice (CJEU) invalidated on July 16, 2020, the EU-US “Privacy Shield,” the formal framework the European Union and the United States negotiated in 2016 for handling cross-border transfers of personal data from the EU to the U.S. Rumors of the Privacy Shield’s demise, which had been predicted for years, were - [Information Governance is Key in New DOJ Antitrust Guidance on Corporate Compliance Programs](https://www.innovativedriven.com/information-governance-is-key-in-new-doj-antitrust-guidance-on-corporate-compliance-programs/) - Information governance (IG) is a key corporate strategy than can help companies realize the value and minimize risk from the data they generate and receive. This is evident from the guidance on antitrust compliance programs the U.S. Department of Justice (DOJ) recently promulgated. Companies with an IG program including information retention policies and education on - [Driven, Inc. Becomes Member of Brainspace’s Exclusive Global Partner Program](https://www.innovativedriven.com/driven-inc-becomes-member-of-brainspaces-exclusive-global-partner-program/) - Membership in Brainspace’s Global Partner Program enables Driven, Inc. to expand customer use cases and strengthen corporate relationships Falls Church, VA, July 29, 2020 – Driven, Inc., A Solutions Based Company, today announced it has become a member of the elite Brainspace Global Partner Program as part of their international services expansion strategy. The AI - [EY Announces Ozzy Jiménez of Driven, Inc. as an Entrepreneur Of The Year® 2020 Mid-Atlantic Award Finalist](https://www.innovativedriven.com/ey-announces-ozzy-jimenez-of-driven-inc-as-an-entrepreneur-of-the-year-2020-mid-atlantic-award-finalist/) - Celebrating the unstoppable entrepreneurs whose ambitions transform our world Falls, Church, September 14, 2020 – Ernst & Young LLP (EY US) today announced that Ozzy Jiménez, CEO of Driven, Inc. was named an Entrepreneur Of The Year® 2020 Mid-Atlantic Award finalist. Now in its 34th year, the Entrepreneur Of The Year program honors entrepreneurial business - [Philip Favro to Present on US Case Law Update at the MER Conference](https://www.innovativedriven.com/philip-favro-to-present-on-us-case-law-update-at-the-mer-conference/) - [Arlington, VA, April 10, 2023] – Innovative Driven (ID), a company dedicated to helping law firms, corporations, and government agencies use their data to achieve their goals, grow their business, and operate efficiently, is proud to announce that Philip Favro, Principal, will present the session “US Case Law Update: The Judiciary’s Impact on Key Information Governance Issues” at the - [Naheed Bleecker to Speak on Cybersecurity and Privacy at 2023 ARMA Houston Annual Spring Conference](https://www.innovativedriven.com/naheed-bleecker-to-speak-on-cybersecurity-and-privacy-at-2023-arma-houston-annual-spring-conference/) - [Arlington, VA, April 6, 2023] – Innovative Driven (ID), a company dedicated to helping law firms, corporations, and government agencies use their data to achieve their goals, grow their business, and operate efficiently, is excited to announce that Naheed Bleecker, Director, Cybersecurity Governance and Privacy, will be speaking at the 2023 ARMA Houston Annual Spring - [Nate Latessa Joins the EDRM Global Advisory Council](https://www.innovativedriven.com/nate-latessa-joins-the-edrm-global-advisory-council/) - [Arlington, VA, February 28, 2023] – Innovative Driven (ID),company dedicated to helping law firms, corporations, and government agencies use their data to achieve their goals, grow their business, and operate efficiently, is proud to announce that Nate Latessa, Senior Vice President, Advisory Services, has joined the EDRM Global Advisory Council. In this role, Nate will meet with a diverse - [Responding to COVID-19: A Letter from Our CEO.](https://www.innovativedriven.com/how-is-id-responding-to-cov-19-a-letter-from-ceo-kim-taylor/) - Valued friends, As the coronavirus (COVID-19) situation continues to evolve, our organization has been monitoring these fast-moving developments. The safety of our employees, customers, and community is our number one priority. Given the extreme nature of the situation and the potential health risk, we have decided to transition all non-essential permanent employees to a remote-work - [Why Moving Email Archives to The Cloud is Important ](https://www.innovativedriven.com/moving-email-archives-is-important/) - Schedule a call today to discuss your email migration project Many businesses are considering moving to the Cloud for a variety of reasons. It might be for business resilience, better collaboration through SharePoint or Microsoft Teams, the ever-growing security capabilities within the Cloud or the convenience of enabling employees to work anywhere. Innovative Driven has - [Why a Data Inventory is Essential for Privacy Compliance](https://www.innovativedriven.com/why-a-data-inventory-is-essential-for-privacy-compliance/) - Data privacy is a growing concern in today’s digital world, and companies must ensure that they comply with privacy regulations to avoid penalties and reputational damage. A data inventory is an essential aspect of privacy compliance, as it provides companies with a clear view of their data footprint and helps them manage their data effectively. - [What is Data Inventory and Why Does it Matter?](https://www.innovativedriven.com/what-is-data-inventory-and-why-does-it-matter/) - By: Jeff Dunning, Director of Corporate Cloud Services, PRESA Consulting A data inventory is an essential aspect of modern businesses as it helps organizations keep track of their data assets and ensure that their data is managed efficiently and effectively. In this blog, we will discuss what a data inventory is and why it matters. - [Privacy Compliance Newsletter - March](https://www.innovativedriven.com/privacy-compliance-newsletter-march-1-2022/) - Automating the Data Map: A Bare Necessity! Although the words “Data Map” do not specifically appear in privacy regulations, a Data Map operationalizes the requirement of keeping a record of processing activities (ROPA). A Record of Processing Activity summarizes where data is stored, when and how it is accessed and processed, and with whom it - [Focus Your Retention Blur](https://www.innovativedriven.com/focus-your-retention-blur/) - For a long time, companies have focused more on the risk of losing data than on retaining too much data. In fact, “The Badge of Honor” seemed to land with the individual who could retrieve any document no matter how old whenever asked. Alert! In 2019, the Berlin Commissioner for Data Protection and Freedom of - [Spoliation of Evidence: Definition, Threats, and How to Avoid It](https://www.innovativedriven.com/understanding-evidence-spoliation/) - When a lawsuit is filed, the attorney should prove that the at-fault party acted negligently. The proof depends on many pieces of evidence to craft any compelling case. But what do you think may happen if the key piece of evidence that could break or make your case is lost? How can you or your - [CLE Recap: 2021 eDiscovery Case Law](https://www.innovativedriven.com/2021-ediscovery-case-law/) - eDiscovery case law in the U.S. continues to proliferate and evolve, offering any number of lessons to clients and counsel on how to address and handle ESI during litigation. On January 26, 2022, Phil Favro from Innovative Driven hosted a webinar in which experts from the field—U.S. Magistrate Judge Helen Adams, Ross Gotler, and Vanessa - [Be a Data Privacy Champion](https://www.innovativedriven.com/be-a-data-privacy-champion/) - Data Privacy Week aims to inspire dialogue and empower individuals and companies to take action. Data Privacy Week is an international effort to empower individuals and businesses to respect privacy, safeguard data, and enable trust! In consideration for Data Privacy Week, we are emphasizing the importance of protecting your privacy when shopping online. Read on to learn more. - [Innovative Driven Becomes a OneTrust Certified Partner](https://www.innovativedriven.com/innovative-discovery-becomes-a-onetrust-certified-partner/) - [Arlington, VA, August 2, 2021] – Innovative Driven (ID), data experts serving law firms, corporations, and government agencies through the information lifecycle, is pleased to announce its partnership with OneTrust, the industry-leading platform to operationalize privacy, security, and data governance. The partnership allows ID and OneTrust to provide clients with enhanced privacy and security, help identify and classify sensitive data, - [Are Analytics Right for You?](https://www.innovativedriven.com/are-analytics-right-for-you/) - October 2, 2019 Clients often ask whether analytics, technology-assisted review (TAR), or an equivalent buzzword is a good fit for their matter or can assist in achieving a specific goal. The answer is a resounding yes! When strategically applied, data analytics tools and techniques developed by marketing analytics companies around the world can be brought - [Judge Creates the Ultimate Discovery Sanction: Humiliation](https://www.innovativedriven.com/judge-creates-the-ultimate-discovery-sanction-humiliation/) - Judge Creates the Ultimate Discovery Sanction: Humiliation Judges have been using a wide variety of remedies and sanctions in discovery cases. Beyond the usual orders of attorney fees, fines, adverse inferences, and limitations on use of evidence, some judges have been especially creative. Educational remedies, for example, have included orders for payments to support e-discovery - [“Ephemeral” What? Defining Ephemeral Data and Messaging](https://www.innovativedriven.com/ephemeral-what-defining-ephemeral-data-and-messaging/) - With consumers and organizations adopting “ephemeral” messaging apps with increasing frequency, there is a need to consider the implications of this technology to a company’s retention and discovery obligations. But first, it is necessary to define what exactly we mean by “ephemeral” when it comes to data in general, and messaging apps in particular. What - [Data hoarding may be the biggest threat to your business](https://www.innovativedriven.com/data-hoarding-may-be-the-biggest-threat-to-your-business/) - The feeling of "I might need this later" leads some people to retain all their data forever. Storage is relatively cheap, so there's a little personal incentive to get rid of anything. The thought that they might be able to save a little time by re-using a document sometime in the future or that they - [The COVID-19 Effect: Trends and Observations in eDiscovery](https://www.innovativedriven.com/the-covid-19-effect-trends-and-observations-in-ediscovery/) - eDiscovery trends typically develop gradually, following the pace of technological advancement, but the coronavirus pandemic has prompted a tidal wave of changes in a very short time period, accelerating nascent trends and causing shifts no one expected. Here are some trends that have reshaped the eDiscovery landscape: Remote work For the health and safety of - [Lessons Learned for 2022: Spotlighting Five eDiscovery Trends from 2021](https://www.innovativedriven.com/blog-lessons-learned-for-2022-spotlighting-five-ediscovery-trends-from-2021/) - With the New Year upon us, it is worth looking back at some of the top eDiscovery cases and trends from 2021 and exploring the lessons they offer going forward in 2022. 1. Frame the Issues with an Effective Preservation Demand Letter Cases: Gomez v. Metro. Gov’t of Nashville, 2021 WL 3406687 (M.D. Tenn. Aug. 4, - [Vegas Court Issues Adverse Inference, Spotlights the Importance of Custodian Interviews](https://www.innovativedriven.com/vegas-court-issues-adverse-inference-spotlights-the-importance-of-custodian-interviews/) - The summer of 2018 has been a boon for eDiscovery case law, with several courts spotlighting any number of best practices for addressing discovery issues. One such best practice is the role effective custodian interviews play in establishing a defensible preservation strategy. Fulsome custodian interviews are essential for ensuring that relevant electronically stored information (ESI) - [New eDiscovery Case Law Developments in 2020: Native Excel Production without Relevance Redactions, FRCP 37(e) Order Rejecting Inherent Authority, and Denial of Proposed Blanket Production 502(d) Order](https://www.innovativedriven.com/new-ediscovery-case-law-developments-in-2020/) - With so many lawyers focused on COVID-19, it would be easy to overlook the significant case law developments on electronic discovery that have transpired so far in 2020. Courts have issued any number of instructive orders on eDiscovery issues ranging from metadata production and technology-assisted review to cost shifting and sanctions. Three particularly compelling topics - [“Zombie Cookies” and eDiscovery: Baking Privacy into the Proportionality Analysis](https://www.innovativedriven.com/zombie-cookies-and-ediscovery-baking-privacy-into-the-proportionality-analysis/) - Proportionality standards have played an increasingly significant role in discovery since the enactment of the 2015 amendments to the Federal Rules of Civil Procedure (FRCP). FRCP 26(b)(1) lists six different factors, any combination of which a court may consider in determining whether the requested discovery is proportional to the needs of the case. While cost - [Top 5 e-Discovery Bad Habits You Should Break, Part II](https://www.innovativedriven.com/top-5-e-discovery-bad-habits-you-should-break-part-ii/) - This is part II of a series of five posts on eDiscovery bad habits. Links to the other posts will be included at the bottom of each when they are published. - [New Court Decision Refuses to Require the Use of Technology-Assisted Review](https://www.innovativedriven.com/new-court-decision-refuses-to-require-the-use-of-technology-assisted-review/) - The rise of technology-assisted review (TAR) in eDiscovery has raised questions about whether courts should require responding parties to use TAR to identify responsive documents. Studies repeatedly confirm that TAR has the potential to expedite and improve the accuracy of the search and review process as compared to linear document review. Counsel and clients have - [Lessons Learned From a UK Predictive Coding Order](https://www.innovativedriven.com/lessons-learned-from-a-uk-predictive-coding-order/) - This week, the High Court of England and Wales issued an order approving the use of predictive coding. As previously reported by Big Law Business, the order from Pyrrho Investments v. MWB Business Exchange was the first of its kind in the UK. The order has generated considerable excitement, including the usual marketing hyperbole from - [Mobile Devices Continue to Roil Information Governance Measures](https://www.innovativedriven.com/mobile-devices-continue-to-roil-information-governance-measures/) - One of the most troubling technological developments over the past few years is the inability of organizations to manage mobile device data. This trend is evident from increasing sanctions requests in litigation for failures to preserve mobile data to the growing number of attacks by cybercriminals on smartphones. Smartphones and Mobile Data in Litigation In - [Tips for a Cost Effective eDiscovery Process](https://www.innovativedriven.com/tips-for-a-cost-effective-ediscovery-process/) - It is no mystery that eDiscovery can be expensive. From preservation and collection to processing, hosting, and review, litigants and lawyers have struggled for years with how to address this often unpredictable cost center. Those struggles may very well persist given the continuing growth of electronic data that could be subject to discovery. Clients should - [Ten Important eDiscovery Decisions to Take With You into 2016](https://www.innovativedriven.com/ten-important-ediscovery-decisions-to-take-with-you-into-2016/) - The recently enacted amendments to the Federal Rules of Civil Procedure have brought a certain amount of hype to the eDiscovery world. While the amendments have been greatly anticipated for the potential impact they could have in eDiscovery, some have questioned whether the changes will have any noticeable effect on the current discovery process. Despite - [The Interplay between Proportionality and Information Governance](https://www.innovativedriven.com/the-interplay-between-proportionality-and-information-governance/) - The recently enacted amendments to the Federal Rules of Civil Procedure have brought a certain amount of hype to the eDiscovery world. While the amendments have been greatly anticipated for the potential impact they could have in eDiscovery, some have questioned whether the changes will have any noticeable effect on the current discovery process. Despite - [Closing the Loop on Unreasonable eDiscovery Requests](https://www.innovativedriven.com/closing-the-loop-on-unreasonable-ediscovery-requests/) - It has been fascinating to observe the rapid change in discovery rulings among the judiciary since the amendments to the Federal Rules of Civil Procedure were enacted late last year. Whereas courts used to intermittently reference proportionality standards in connection with discovery motions, they are now doing so with regularity. More significant, however, is that - [Tracking Newer Data Sources for eDiscovery: GPS, Toll Transponders, and Beyond](https://www.innovativedriven.com/tracking-newer-data-sources-ediscovery-gps-toll-transponders-beyond/) - Despite their well-earned reputation for being luddites, most lawyers know by now that information relevant to a particular lawsuit often resides in email, text messages, and traditional social networks like Facebook. While such a “small step” for lawyers is certainly a positive, it also obscures the fact that there are many other, less obvious sources - [Insights on eDiscovery from the 2016 Norton Rose Fulbright Litigation Trends Survey](https://www.innovativedriven.com/insights-on-ediscovery-from-the-2016-norton-rose-fulbright-litigation-trends-survey/) - In the search for insight on key eDiscovery issues, the annual litigation trends survey published by Norton Rose Fulbright is unique in terms of its practical utility. The twelfth edition of this annual survey – published in September 2016 – features a number of interesting trends on issues such as litigation expenditures, litigation minimization framework, - [Lessons Learned from New Technology-Assisted Review Case Law](https://www.innovativedriven.com/lessons-learned-from-new-technology-assisted-review-case-law/) - In recent weeks, courts have shattered the silence on technology-assisted review (TAR) that has pervaded eDiscovery practice in the U.S. for most of 2016. Last month, a U.S. Tax Court issued its second opinion in Dynamo Holdings v. Commissioner of Internal Revenue, with Judge Ronald L. Buch approving a production of documents made using TAR. - [A New Frontier in eDiscovery Ethics: Self-Destructing Messaging Applications](https://www.innovativedriven.com/a-new-frontier-in-ediscovery-ethics-self-destructing-messaging-applications/) - One of the most watched lawsuits in recent memory involved a key ethical issue of which lawyers should be aware: the dangers of using self-destructing messaging applications. In Waymo v. Uber, tech titans Google (Waymo) and Uber waged an epic battle over the future of self-driving vehicle technology. Waymo (Google’s autonomous vehicle unit) claimed Uber - [The 9 Best Questions to Ask During Your Interview ](https://www.innovativedriven.com/the-9-best-questions-to-ask-during-your-interview/) - Asking the right questions during an interview can help you learn more about the company and the position as well as demonstrate your interest and enthusiasm for the opportunity. Here are nine of the best questions to ask during your interview: “Can you tell me more about the day-to-day responsibilities of this position?” Asking about the - [Do You Still Need A Cover Letter?](https://www.innovativedriven.com/do-you-still-need-cover-letter/) - A cover letter is a document that is submitted as a preface to your resume to provide additional information about your skills, experience, and qualifications. While cover letters are not always required, they can be a valuable tool for making your application stand out, explaining any transitions or gaps on your resume, and demonstrating you - [3 Ways to Make Your Resume Stand Out ](https://www.innovativedriven.com/3-ways-to-make-your-resume-stand-out/) - Hiring teams can look at hundreds of resumes a day, and glance at each one for 6-7 seconds. How can you take your resume to the next level, and gain the attention of these teams? Here are three simple ways to get you to an interview: Use a visually appealing layout A visually appealing layout - [From Promise to Practice: How Legal Teams Are Actually Using Generative AI in Discovery](https://www.innovativedriven.com/from-promise-to-practice-how-legal-teams-are-actually-using-generative-ai-in-discovery/) - Learn how legal teams are using AI with purpose and control, with real use cases from privilege logs to ECA and tips for building defensible workflows. - [Tools, Not Magic: Resetting Expectations in Modern Litigation Support ](https://www.innovativedriven.com/tools-not-magic-resetting-expectations-in-modern-litigation-support/) - Modern litigation technology is powerful but not a shortcut. Learn why litigation support still requires expertise, strategy, and the right ecosystem of tools. - [The Pain Points of Short-Messaging Conversions](https://www.innovativedriven.com/the-pain-points-of-short-messaging-conversions/) - Discover how ConvertID enhances SMS conversion for eDiscovery, overcoming challenges like character limits and informal language in legal cases. - [Protecting Intellectual Property in Today’s Remote Work Environment](https://www.innovativedriven.com/protecting-intellectual-property-in-todays-remote-work-environment/) - Ensure remote IP security with robust data migration, classification, and governance. Learn how to protect trade secrets in a modern digital environment. - [Microsoft Teams in eDiscovery](https://www.innovativedriven.com/microsoft-teams-in-ediscovery/) - Discover the complexities of eDiscovery in Microsoft Teams and learn how organizations can adopt defensible, disciplined processes for effective management. - [New York Lights It Up Blue for Autism Awareness ](https://www.innovativedriven.com/new-york-lights-it-up-blue-for-autism-awareness/) - Discover how New York sales leaders are advocating for autism and breast cancer awareness through personal stories, legal insight, and workplace inclusion. - [Scramble for Sight: A Personal Journey ](https://www.innovativedriven.com/scramble-for-sight-a-personal-journey/) - See how the Scramble for Sight has raised nearly $4 million, advancing vital research and helping countless individuals with retinal degenerative diseases. - [Getting Started with GenAI: Practical Use Cases in Discovery ](https://www.innovativedriven.com/getting-started-with-genai-practical-use-cases-in-discovery/) - Discover how legal teams are leveraging generative AI for discovery tasks, offering cost-effective, low-risk workflows that boost efficiency and insight. - [Why Understanding Multigenerational Teams Is the Key to Modern Legal Operations](https://www.innovativedriven.com/why-understanding-multigenerational-teams-is-the-key-to-modern-legal-operations/) - Explore how generational diversity shapes communication and leadership in legal workplaces. Learn to build cohesive, inclusive teams that leverage age-related strengths. - [Innovative Driven to Host a Virtual Booth at OneTrust’s Annual TrustWeek Event](https://www.innovativedriven.com/innovative-discovery-to-host-a-virtual-booth-at-onetrusts-annual-trustweek-event/) - Discover how Innovative Driven's expertise in data governance can enhance your organization's compliance and build trust. Join TrustWeek's virtual event! - [Data Mapping – What’s the Buzz?](https://www.innovativedriven.com/blog/data-mapping-every-company-needs-it-but-whats-the-buzz/) - Data mapping has been around for a long time. It was even identified as a best practice in the Federal Rules of Civil Procedure (FRCP). But everyone knows it’s the responsibility of IT, right? Well . . . not so much. Privacy regulations bring data mapping to the forefront.As the size of the digital universe - [Trends and Tools for eDiscovery - a webinar recap](https://www.innovativedriven.com/blog/trends-and-tools-in-ediscovery-a-webinar-recap/) - The world of legal technology and eDiscovery tools has always evolved at a fast pace. The emergence of the global pandemic earlier this year, however, transformed the way we work, communicate, and create new data, resulting in a highly dynamic eDiscovery landscape and trends we never could have predicted. A panel of experts gave their - [Why the Right PM Team Makes All of the Difference](https://www.innovativedriven.com/blog/why-the-right-project-management-team-makes-all-of-the-difference-in-your-ediscovery-project/) - Taking on an eDiscovery project might sound a like a formidable task considering how many electronic records exist nowadays. The amount of evidence and other pertinent information that needs to be organized is usually enormous. How this information is pulled together will greatly impact the eDiscovery and litigation process. Being able to call up ESI - [The GDPR: Five Changes to EU Data Protection Law You Need to Know](https://www.innovativedriven.com/blog/the-gdpr-five-changes-to-eu-data-protection-law-you-need-to-know/) - A significant legal enactment is taking place in Europe that will have far reaching consequences on the litigation and information governance practices of U.S. organizations. On May 25, 2018, the General Data Protection Regulation (GDPR) will take effect and address the protection of personal data belonging to people who live in the European Union (EU). - [Q & A with GDPR Expert Adam Finlay from McCann FitzGerald](https://www.innovativedriven.com/blog/q-a-with-gdpr-expert-adam-finlay-from-mccann-fitzgerald/) - One of the more significant concerns in 2018 for multinational companies and their counsel is ensuring compliance with the General Data Protection Regulation (GDPR). Affected enterprises are looking to satisfy a host of enhanced data protection requirements before the GDPR’s application date of May 25, 2018. To better ensure compliance, organizations should consider turning to - [The “Uber” Problem with Self-Destructing Messaging Apps](https://www.innovativedriven.com/blog/the-uber-problem-with-self-destructing-messaging-apps/) - One of the most significant lawsuits in the country involves a key eDiscovery issue of which counsel and clients should be aware: the dangers of using self-destructing messaging applications. The litigation in question – Waymo v. Uber – involves tech titans Google (Waymo) and Uber, which are battling over the future of self-driving vehicle technology. - [When to Use a Stylized Resume Versus a Plain Resume  ](https://www.innovativedriven.com/blog/when-to-use-a-stylized-resume-versus-a-plain-resume/) - Deciding whether to use a stylized resume or a plain resume can be a difficult choice for job seekers. While a stylized resume can help make your application stand out, a plain resume may be more appropriate in certain situations. Here are a few considerations when deciding to use a stylized resume versus a plain - [Resume Do’s and Don’ts: Tips and Tricks to Take You to the Top](https://www.innovativedriven.com/blog/resume-dos-and-donts-tips-and-tricks-to-take-you-to-the-top/) - From our Talent Acquisition team, here are helpful do’s and don’ts to consider when fine-tuning your resume: DO’s: Keep it uniform: To ensure your resume is clear and concise, it should be one or two pages long, depending on the longevity of your career. Stylistically, sticking to one font throughout the entire page makes it - [Best Practices to Prevent a Data Breach](https://www.innovativedriven.com/blog/top-4-best-practices-to-prevent-a-data-breach/) - According to a recent study, 5,183 breaches occurred during the first nine months of 2019. These breaches exposed 7.9 billion records. That is a 33.3% increase in the number of breaches and a 112% increase in the number of records. An IBM report found the average cost of a data breach in the U.S. grew 130% from - [3 Tips to Negotiating TAR Protocols in e-Discovery](https://www.innovativedriven.com/blog/3-tips-to-negotiating-tar-protocols-in-e-discovery/) - Rarely does anything come easily in e-discovery and negotiating a protocol regarding the use of technology-assisted review (TAR) with a litigation adversary is no exception. There are any number of tricks and traps associated with TAR protocols of which counsel and clients should be aware. Of particular importance is whether the litigation at issue even - [How to Achieve Cooperation in eDiscovery, at Long Last](https://www.innovativedriven.com/blog/how-to-achieve-cooperation-in-ediscovery-at-long-last/) - The ideal of cooperation by opposing parties to address eDiscovery has been around for a while now. Since the The Sedona Conference Cooperation Proclamationcalled for “cooperative, collaborative, [and] transparent discovery” in 2008, adversarial cooperation has been touted among the judiciary and certainpractitioners as the key to success in proportional discovery. And yet, most litigants still - [Bad e-Discovery Habit # 5: Failing to Kick the Tires](https://www.innovativedriven.com/blog/bad-e-discovery-habit-5-failing-to-kick-the-tires/) - Assessing all efforts made throughout discovery is challenging because different discovery team members must often rely on each other - [Innovative Driven Partners with RemoteDesk to Provide Clients Robust Remote Security](https://www.innovativedriven.com/blog/innovative-discovery-partners-with-remotedesk-to-provide-clients-robust-remote-security/) - [Arlington, VA, June 8, 2020] - Innovative Driven (ID), a trusted partner for law firms, corporations, and government agencies throughout the information lifecycle, is pleased to announce a partnership with RemoteDesk, the world’s most advanced AI-based remote workforce management and security solution, in order to offer it’s clients the most secure and well-managed remote document review. ID has - [The shocking way you are leaving your organization vulnerable to a data breach](https://www.innovativedriven.com/blog/the-shocking-way-you-are-leaving-your-organization-vulnerable-to-a-data-breach/) - October 4, 2019 Data breaches often conjure up images of crafty hackers weaving complicated codes to invade an organization's network, with the possibility of releasing secure or confidential information to an unauthorized organization in the process. Did you know that if an organization holding your data suffers from a data breach, that you can make - [Fully Destroying Data Is Harder Than It Looks](https://www.innovativedriven.com/blog/fully-destroying-data-is-harder-than-it-looks/) - Up until a few years ago, there were very few incentives to destroy or delete data. Storage is cheap; it's difficult or impossible to get information back after deleting it; situations can arise where they need old files; deleting important data by mistake can cause serious problems. For these reasons, computer systems have a design - [How to Stop File Corruption when Migrating Data](https://www.innovativedriven.com/blog/how-to-stop-file-corruption-when-migrating-data/) - Data corruption can severely disrupt business processes. In the worst case, it isn't noticed for a long time, and a broken file is copied to multiple locations. By the time anyone realizes there is a problem, recovering the lost data may be difficult or impossible. One common way in which many tend to recover their - [Advice for First-Time Relativity Fest Attendees](https://www.innovativedriven.com/blog/advice-for-first-time-relativity-fest-attendees/) - We are well into October and for the eDiscovery profession, that means Relativity Fest is right around the corner. I attended last year for the first time and have some recommendations for anyone coming to their inaugural Relativity Fest this year. Create your agenda: Go to the Relativity Fest portal to build your agenda. Do - [Wells Fargo Breach Spotlights the Need for Discovery Competence](https://www.innovativedriven.com/blog/wells-fargo-breach-spotlights-the-need-for-discovery-competence/) - Civil litigation in 2017 presents any number of problems for lawyers. Beyond the usual challenge of preparing a case for trial while wrangling with litigation adversaries, counsel must now be aware of cyber security concerns and other digital age complexities. It’s no wonder that many lawyers have deferred or altogether given up on becoming eDiscovery - [The Critical Role of Sampling in Discovery](https://www.innovativedriven.com/blog/the-critical-role-of-sampling-in-discovery/) - One of the most important aims of the 2015 amendments to the Federal Rules of Civil Procedure was the elimination of “unnecessary or wasteful discovery.” While a worthy objective, this goal is often elusive. Counsel, clients, and even the courts often get caught up in ensuring that every responsive document has been produced or otherwise - [Personal Cloud Applications Continue to Imperil Company Trade Secrets](https://www.innovativedriven.com/blog/personal-cloud-applications-continue-to-imperil-company-trade-secrets/) - An increasingly prevalent trend throughout corporate America is employee use of personal cloud applications in the workplace. This is not surprising since personal cloud applications like Dropbox and Google Drive have tremendous functionality. They simplify data sharing and teamwork among employees while providing seamless storage options that obviate traditional network storage. Troubles with Personal Clouds - [The “Business Judgment” Discovery Rule and its Impact on Information Governance](https://www.innovativedriven.com/blog/the-business-judgment-discovery-rule-and-its-impact-on-information-governance/) - There has been a substantial push over the past several years for organizations to adopt an information governance (IG) program. Many legitimate reasons justify its implementation. For serial litigants or companies that are in highly regulated industries, IG measures such as information retention policies and a litigation hold process can facilitate the reduction of discovery - [New Mandatory Initial Disclosures Could Radically Change Discovery](https://www.innovativedriven.com/blog/new-mandatory-initial-disclosures-could-radically-change-discovery/) - The United States Judicial Conference is piloting a new discovery program in the Northern District of Illinois (Chicago) and the District of Arizona that could force radical change on litigation procedures as well as discovery culture. Referred to as the Mandatory Initial Discovery Pilot (MIDP), the program is designed to “accelerate the disclosure of relevant - [Court Criticizes Model eDiscovery Order, Spotlights Advanced Search Methodologies](https://www.innovativedriven.com/blog/court-criticizes-model-ediscovery-order-spotlights-advanced-search-methodologies/) - One of the more significant case law developments in recent months involves an order that U.S. Magistrate Judge Mitchell D. Dembin issued in NuVasive, Inc. v. Alphatec Holdings, Inc. addressing a search term and custodian dispute in a patent litigation suit. Judge Dembin’s order, which criticizes email discovery provisions from a model eDiscovery order, spotlights - [Proportionality at the Forefront of the Discovery Culture Change](https://www.innovativedriven.com/blog/proportionality-at-the-forefront-of-the-discovery-culture-change/) - One of the significant questions surrounding litigation in 2016 is whether the 2015 amendments to the Federal Rules of Civil Procedure (FRCP) are having a measurable impact on discovery practice. It is one thing to change the wording of the rules, it is another to change the culture in which discovery is practiced. However, as - [New TAR Case Affirms Sedona Principle Six, Approves Search Term Pre-Culling](https://www.innovativedriven.com/blog/new-tar-case-affirms-sedona-principle-six-approves-search-term-pre-culling/) - A new technology-assisted review (TAR) case—Livingston v. City of Chicago—provides instructive guidance on any number of key issues surrounding the use of TAR. From affirming the notion of Sedona Principle Six and approving the use of search terms to pre-cull a data set to emphasizing the importance of not holding TAR to a higher standard - [What the Judges Said: Top 10 Takeaways from LegalTech Judges Panel](https://www.innovativedriven.com/blog/what-the-judges-said-top-10-takeaways-from-legal-tech-judges-panel/) - What the Judges Said: Top 10 Takeaways from LegalTech Judges Panel In February, I had the privilege of moderating a panel on Changing Rules and Best Practices in e-Discovery, with Magistrate Judges Andrew Peck and Frank Maas of the Southern District of New York, and Chief Magistrate Judge Elizabeth Laporte of the Northern District of - [Top 5 e-Discovery Bad Habits You Should Break, Part I](https://www.innovativedriven.com/blog/top-5-e-discovery-bad-habits-you-should-break-part-1/) - This is part I of a series of five posts on eDiscovery bad habits. Links to the other posts will be included at the bottom of each when they are published. Bad e-Discovery Habit #1: Waiting Until You Have a Discovery Request to Start Working on Discovery Before you can begin a document collection, you need to build an understanding of - [Recent Cases Spotlight the Limitations of Discovery Sanctions](https://www.innovativedriven.com/blog/recent-cases-spotlight-the-limitations-of-discovery-sanctions/) - Discovery sanctions are often viewed as a litigation game-changer. They seemingly offer a way to tip the scales of justice against a sanctioned party and drive a matter toward settlement. Nevertheless, sanctions have their limitations, particularly if they are not case dispositive. As discussed in article recently published by Legaltech News, even an adverse inference - [Key eDiscovery Insights for the Courts and Counsel from the Federal Judicial Center](https://www.innovativedriven.com/blog/key-ediscovery-insights-for-the-courts-and-counsel-from-the-federal-judicial-center/) - The Federal Judicial Center (FJC) has just updated one of the more useful and practical guides for addressing electronic discovery. Entitled Managing Discovery of Electronic Information, the guide provides common sense direction to judges on how to best manage discovery and move parties toward the ultimate resolution of their dispute. While the publication is designed - [New ESI Sanctions Order Offers eDiscovery 101 Course for Lawyers](https://www.innovativedriven.com/blog/new-esi-sanctions-order-offers-ediscovery-101-course-for-lawyers/) - Courts have decried for years a general lack of understanding and awareness regarding electronic discovery among lawyers. On January 19, 2021, U.S. District Judge Iain Johnston took his concerns on eDiscovery competence to a whole new level. In DR Distributors, LLC v. 21 Century Smoking, Inc. (2021 WL 185082), Judge Johnston published a 256-page sanctions - [Lessons Learned for 2021: Spotlighting the Top eDiscovery Cases from 2020](https://www.innovativedriven.com/blog/lessons-learned-for-2021-spotlighting-the-top-ediscovery-cases-from-2020/) - With the New Year upon us, it is worth looking back at some of the key eDiscovery cases from 2020 and examining the lessons they offer going forward in 2021. Technology-Assisted Review: Sedona Principle Six versus Transparency Cases: Livingston v. City of Chicago, 2020 WL 5253848 (N.D. Ill. Sept. 3, 2020); and In re Valsartan, - [Snapchat Spoliation Case Highlights the Importance of eDiscovery Competence](https://www.innovativedriven.com/blog/blog-snapchat-spoliation-case-highlights-the-importance-of-ediscovery-competence/) - Courts have repeatedly emphasized that lawyers should take actionable steps at the outset of litigation to safeguard the preservation of relevant ESI. One of those steps typically includes investigating and understanding client information systems that contain relevant information. This is particularly the case with social media and messaging apps whose content is dynamic and—barring swift - [Study Takes a Closer Look at the Effects of Generative AI's Impact on Legal Task Quality and Speed](https://www.innovativedriven.com/blog/study-takes-a-closer-look-at-the-effects-of-generative-ais-impact-on-legal-task-quality-and-speed/) - As we pass the one-year mark since ChatGPT took the technology world by storm, questions remain about the impact Generative AI and similar tools will have on the way we work in the legal industry. - [What the Judges Said: Top 10 Takeaways from 2015 LegalTech Judges Panel](https://www.innovativedriven.com/blog/what-the-judges-said-top-10-takeaways-from-2015-legal-tech-judges-panel/) - At this year’s Legal Tech, I once again had the honor of moderating the Judges Panel, including Judge John Facciola (D.D.C., retired), Judge Andrew Peck (S.D.N.Y), Judge Frank Maas (S.D.N.Y), and Judge Elizabeth Laporte (N.D.Cal.). This time, we had a provocative topic (or, perhaps –as Judge Peck put it–, a depressing one): “What’s Wrong with - [FedRAMP: the gold standard for CSP security](https://www.innovativedriven.com/blog/fedramp-the-gold-standard-for-csp-security/) - October 10, 2019 On retail websites, an SSL (secure sockets layer) certificate symbol signals to consumers that the credit card data they input will be encrypted during delivery to the retailer. Similarly, certification under the Federal Risk and Authorization Management Program (FedRAMP) provides an attestation of quality concerning the security of cloud service providers (CSPs). - [IT Spending Flexibility with IBM’s Cloud Pak for Content Automation](https://www.innovativedriven.com/blog/it-spending-flexibility-with-ibms-cloud-pak-for-content-automation/) - The name of the game with IBM’s Cloud Pak for Automation is flexibility – flexibility in your deployment options and flexibility in your licensing choices. “The benefit of this flexibility will do tremendous things for your overall IT spend,” said IBM Vice President Bill Lopig, in a recent webinar about the content capabilities of IBM’s - [Q & A with eDiscovery Expert Corey Lee from Hunton Andrews Kurth](https://www.innovativedriven.com/blog/q-a-with-ediscovery-expert-corey-lee-from-hunton-andrews-kurth/) - Discovery complexities have taken on a whole new meaning during the COVID-19 crisis. It seems that every aspect of eDiscovery is now virtual, eliminating in many instances the human touch that is so often helpful for obtaining crucial evidence from data custodians to support claims or defenses. Given these and other complexities, it’s a relief - [New Terminating Sanctions Case Provides Guidance on the Use of Ephemeral Messaging](https://www.innovativedriven.com/blog/new-terminating-sanctions-case-provides-guidance-on-the-use-of-ephemeral-messaging/) - Ephemeral messaging offers organizations great potential for addressing information related challenges in the areas of data protection, privacy, and information governance. When properly implemented through a comprehensive use plan and enterprise-wide controls including training, audits, and policy enforcement, ephemeral messaging provides companies with an effective method for enhancing confidentiality while eliminating data that has no - [Q & A with Emoji Law Expert Eric Goldman from Santa Clara Law](https://www.innovativedriven.com/blog/q-a-with-emoji-law-expert-eric-goldman-from-santa-clara-law/) - Emojis have become an important form of evidence in legal disputes. This is evident from the growing number of court cases over the past several years that have addressed issues relating to emojis. While some might scoff at the notion that a grinning, yellow-faced icon ? or a “thumbs up” ? might constitute admissible evidence, - [Information Governance is Not Records Management Repackaged](https://www.innovativedriven.com/blog/ig-is-not-records-management-repackaged/) - It is easy to mistake the term Information Governance as some newfangled business-speak for combining the business functions of Legal & Regulatory Compliance with Records & Information Management (“RIM” or “RM”). Or maybe it’s combining RIM and Legal? Or maybe it’s IT, RIM, Compliance and Legal -- including eDiscovery? Information Governance includes all those elements, - [Technology is not an eDiscovery Silver Bullet: The Power of Organizational Development](https://www.innovativedriven.com/blog/technology-is-not-an-ediscovery-silver-bullet-the-power-of-organizational-development/) - The legal services industry has witnessed astonishing growth and development in the past decade. At its heart, technology has reinvented discovery and driven an ever-evolving market for products serving eDiscovery, information governance and big data. However, technology in a vacuum without complementary organizational eDiscovery architecture is like a locked door without a key. For corporations, - [Lessons Learned in Data Privacy Compliance from Pokemon Go](https://www.innovativedriven.com/blog/lessons-learned-in-data-privacy-compliance-from-pokemon-go/) - With increasing amounts of children becoming mobile, developing age-targeted websites and apps can be a lucrative endeavor. According to a report from Common Sense Media[i], 24% of children age 8 to 12 have their own smartphones and 53% have their own tablet. Moreover, 79% of children from 8 to 12 have access to a smartphone - [Courts Make the Case for Information Governance](https://www.innovativedriven.com/blog/courts-make-the-case-for-information-governance/) - The push to develop an information governance (IG) program is often stonewalled by the great interrogative “why.” Questions like “why are we budgeting money to solve a problem that does not exist?” can derail promising programs even when justified by a proper use case. The problem with this line of inquiry is that it frequently ignores the - [Update Imminent: The New US/EU Data Privacy Shield After the Demise of Safe Harbor](https://www.innovativedriven.com/blog/update-imminent-the-new-useu-data-privacy-shield-after-the-demise-of-safe-harbor/) - Data transfers between the United States and the European Union have grown increasingly complex. Multinational companies require certain levels of information sharing among locations in different locations as part of their day-to-day operations. In addition, data created on one side of the Atlantic may be relevant to a lawsuit or investigation on the other side. However, - [What Does Google Know About You?](https://www.innovativedriven.com/blog/what-does-google-know-about-you/) - By: Chris VanAernam, Senior Forensic Consultant You may not realize it and it is especially true if you use an Android device, but Google is constantly collecting data about your actions and location. From your morning commute to your afternoon run and that time you asked Google how to make the perfect steak the company - [Five Reasons You Can’t Ignore Your ROT and Dark Data](https://www.innovativedriven.com/blog/five-reasons-you-cant-ignore-your-rot-and-dark-data/) - See how much money you are wasting on ROT/Dark Data Every day employees throughout an organization create, save, share, and store data to do their jobs – and A LOT of it. This data is the backbone of the organization, and the bulk of it is considered unstructured which means it doesn’t have a standard - [The Ever-Changing World of Legal Technology](https://www.innovativedriven.com/blog/the-ever-changing-world-of-legal-technology/) - When it comes to innovative and cutting-edge technology in the legal field, the world changes very quickly. Law firms are having to move with the times to connect with the digital space and provide the best services to their clients and to their staff as they progress. Despite this need for technology, physical management requirements - [Protecting Corporate Trade Secrets in the Age of Personal Clouds](https://www.innovativedriven.com/blog/protecting-corporate-trade-secrets-in-the-age-of-personal-clouds/) - Consumer-grade cloud solutions are one of the most useful innovations in the digital age. With increased storage for photos, music, and other documents, personal cloud applications can help consumers avoid losing their data when a computer hard drive inevitably fails. Furthermore, the transfer functionality afforded by personal clouds enables users to seamlessly move information between - [How to prepare for emerging trends in eDiscovery and the Information Lifecycle](https://www.innovativedriven.com/blog/how-to-prepare-for-emerging-trends-in-ediscovery-and-information-lifecycle/) - It's a busy time for corporations and law firms monitoring eDiscovery and information lifecycle trends, and that's sure to continue in 2020 and beyond. Innovative Driven (ID) recently hosted a webinar to discuss trends and hear from industry experts about preparing for what's ahead. Representatives from Goldman Sachs, Seyfarth Shaw LLP, Gannett Media Corp., and - [Court Sanctions Defendants For Using Signal To Thwart FTC Investigation](https://www.innovativedriven.com/blog/blog-court-sanctions-defendants-for-using-signal-to-thwart-ftc-investigation/) - Companies now use ephemeral messaging as an authorized communication tool to advance legitimate business objectives. With automated deletion of message content and end-to-end encryption, ephemeral messaging apps like Wickr and Signal offer a secure communication platform that may facilitate compliance with data protection and privacy laws. Nevertheless, companies must exercise caution when using ephemeral messaging, - [Practical Tips for Lawyers on How to Preserve Relevant Text Messages](https://www.innovativedriven.com/blog/practical-tips-for-lawyers-on-how-to-preserve-relevant-text-messages/) - Text message preservation for civil litigation has never been more important. Court decisions emphasizing the importance of preserving relevant texts are seemingly issued on a weekly basis. However, beyond issuing a litigation hold, many lawyers have no idea how to undertake some of the most basic functions to ensure relevant text messages are preserved. The - [SF Court Rejects eDiscovery Sanctions, Provides Guidance on Defensible Preservation](https://www.innovativedriven.com/blog/sf-court-rejects-ediscovery-sanctions-provides-guidance-on-defensible-preservation/) - One of the most compelling eDiscovery issues facing litigants and lawyers is the prospect of sanctions for failures to preserve relevant ESI. Under Federal Rule of Civil Procedure 37(e), sanctions may not issue unless the moving party can show that the preserving party lost relevant ESI after a duty to preserve attached. The movant must - [The Art of the Litigation Hold: Lessons Learned for eDiscovery](https://www.innovativedriven.com/blog/the-art-of-the-litigation-hold-lessons-learned-for-ediscovery/) - Those with an interest in civil discovery have been closely following the development of case law interpreting the recently enacted amendments to the Federal Rules of Civil Procedure. This attention is understandable given the apparent impact the rules amendments are having in discovery practice. From the focus on proportional discovery under FRCP 26(b)(1) to the modified - [The eDiscovery Legacy of Judge Andrew Peck: Cooperative Advocacy and Technology](https://www.innovativedriven.com/blog/the-ediscovery-legacy-of-judge-andrew-peck-cooperative-advocacy-and-enhanced-technology/) - The federal judiciary recently lost one of its more talented members when United States Magistrate Judge Andrew Peck retired from the bench last month. Throughout his judicial career, Judge Peck was at the forefront on discovery practice issues. Various articles and events have celebrated the advancements his opinions made on eDiscovery law. In reviewing his - [Top 5 e-Discovery Bad Habits You Should Break, Part III](https://www.innovativedriven.com/blog/top-5-e-discovery-bad-habits-you-should-break-part-iii/) - This is part III of a series of five posts on eDiscovery bad habits. Links to the other posts will be included at the bottom of each when they are published. - [eDiscovery and Seizure Orders under the Defend Trade Secrets Act](https://www.innovativedriven.com/blog/ediscovery-and-seizure-orders-under-the-defend-trade-secrets-act/) - The Defend Trade Secrets Act of 2016 (“DTSA”) involves uniqueelectronic discovery issues that affect parties on both sides of DTSA matters. The eDiscovery issues arise from the DTSA’sex parte seizure provision, a powerful remedy previously unavailable to plaintiffs in their efforts to address trade secret misappropriation. This post provides a brief overview of DTSA seizure - [New TAR Case Spotlights Perils with Broad ESI Protocols](https://www.innovativedriven.com/blog/new-tar-case-spotlights-perils-with-broad-esi-protocols-blog/) - A new case has brought into the spotlight the risks responding parties face when entering into ESI protocols with detailed disclosure obligations regarding technology-assisted review (“TAR”). In In re Valsartan, Losartan, and Irbesartan Products Liability Litigation (D.N.J. Dec. 2, 2020), the court refused to approve a responding party’s proposed TAR process and insisted that the - [New Federal Cases Spotlight 2021’s Key Trends in eDiscovery](https://www.innovativedriven.com/blog/blog-new-federal-cases-spotlight-2021s-key-trends-in-ediscovery/) - Recent case law continues to reflect key trends in eDiscovery, ranging from the propriety of forensic examinations to ESI spoliation. While an order requiring a forensic collection of a party’s devices has generally been a disfavored remedy, courts now seem more willing to consider this as an option to prevent spoliation of ESI. Regarding ESI - [Proportionality: Cost Remains The Bottom Line in eDiscovery](https://www.innovativedriven.com/blog/proportionality-cost-remains-the-bottom-line-in-ediscovery/) - We are at the five-year mark of rules changes designed to emphasize proportionality in federal civil discovery practice. Since December 1, 2015, many courts have examined the six proportionality factors memorialized in Federal Rule of Civil Procedure 26(b)(1) to measure the appropriateness of discovery. Of those factors, cost—the expense and time required to comply with - [WeChat: A New Frontier in ESI Preservation and Production](https://www.innovativedriven.com/blog/wechat-a-new-frontier-in-esi-preservation-and-production/) - WeChat is an increasingly widespread communication platform whose content is being sought with growing frequency by parties to U.S. litigation. Despite its growing ubiquity, many lawyers either know nothing about WeChat or are not advising clients to preserve and produce relevant WeChat communications in discovery. Failing to do so can be damaging or even disastrous - [The New Path to Ediscovery Success: Business Intelligence](https://www.innovativedriven.com/blog/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 howto plan - [Protecting Privilege: Let’s (not) Be Reasonable](https://www.innovativedriven.com/blog/protecting-privilege-lets-not-be-reasonable/) - The use of 502(d) orders is catching on, as the burdens and risks of privilege protection grow along with increasing volumes of documents in discovery. In many courtrooms, judges will ask the parties to agree to a 502(d) order if the parties do not raise it themselves. At the November Georgetown Law Advanced eDiscovery Institute - [eDiscovery Cases Spotlight IG Best Practices for Workplace Collaboration Tools](https://www.innovativedriven.com/blog/ediscovery-cases-spotlight-ig-best-practices-for-workplace-collaboration-tools/) - Organizations are increasingly using workplace collaboration tools like Microsoft Teams and Slack. With the proliferation of these tools, litigants are now seeking relevant collaboration tool messages in discovery. Over the past year, several courts have issued orders addressing preservation and production obligations for relevant content from those tools. The cases are instructive on how organizations - [Reducing ESI Preservation Obligations with Proportionality and Metrics](https://www.innovativedriven.com/blog/reducing-esi-preservation-obligations-with-proportionality-and-metrics/) - Proportionality is an important doctrine that is increasingly being used to reduce the burdens of preserving relevant electronically stored information (ESI). Widely accepted as a measure for balancing the benefits and burdens of production, some courts have applied proportionality standards to relieve parties from preserving certain categories of ESI. Drawing on the advisory committee note - [Addressing Possible Pitfalls from Rule 502(d) Non-Waiver Orders](https://www.innovativedriven.com/blog/addressing-possible-pitfalls-from-rule-502d-non-waiver-orders/) - We have heard it now for over ten years. Parties need the protection of a non-waiver order under Federal Rule of Evidence 502(d). Nevertheless, clients and counsel who are unaware of possible pitfalls surrounding Rule 502(d) non-waiver orders (“502(d) orders”) could find themselves assuming the cost of an adversary’s privilege review, uncertain about what evidence - [New Case Highlights the Importance of an Effective Information Retention Program](https://www.innovativedriven.com/blog/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 - [New Sanctions Case Offers Lessons on ESI Protocols and Information Governance Policies](https://www.innovativedriven.com/blog/new-sanctions-case-offers-lessons-on-esi-protocols-and-information-governance-policies/) - ESI protocols have become an increasingly contentious issue in eDiscovery. While ideally setting the framework for basic issues such as form of production, metadata fields, and load file specifications, ESI protocols have become bogged down in negotiations over search procedures and family productions of hyperlinked documents. Worse, some parties memorialize preservation procedures in ESI Protocols. - [Court Sanctions Plaintiff for Destroying Relevant Facebook Messenger and Telegram Messages](https://www.innovativedriven.com/blog/blog-court-sanctions-plaintiff-for-destroying-relevant-facebook-messenger-and-telegram-messages/) - Parties have an obligation to preserve relevant ESI from ephemeral messaging applications and other digital age communication apps and information sources. Even though ESI from these applications is dynamic and thus easily subject to modification or deletion, parties must take reasonable steps to retain such information after a duty to preserve triggers. Failure to take - [Court Rejects Sanctions Based on Party’s Efforts to Remediate Data Loss](https://www.innovativedriven.com/blog/court-rejects-sanctions-based-on-partys-efforts-to-remediate-data-loss/) - Litigation readiness for organizations generally begins with basic ESI preservation steps including litigation holds, relevant source checklists, and follow up steps with custodians. In some instances, however, the basics may not be enough. Given the frequency of data loss from custodial and non-custodial sources, companies should also consider incorporating remediation strategies into their approach to - [Surfing for Sanctions under Federal Rule of Civil Procedure 37(e)](https://www.innovativedriven.com/blog/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.”[i] Since that time, parties have sought to better understand how courts would interpret the phrase “reasonable - [Dispute Over Linked Google Drive Documents Highlights Discovery Challenges with Information Systems](https://www.innovativedriven.com/blog/blog-dispute-over-linked-google-drive-documents-highlights-discovery-challenges-with-information-systems/) - The rising growth of cloud-based storage and communication tools has led users to increasingly share messages with hyperlinks to documents stored in online repositories. The corresponding impact of this trend is that these communications, together with the linked documents, are increasingly sought as evidence in litigation. However, there are complexities with collecting and producing linked - [Court Holds that Math Matters for eDiscovery Keyword Search, Urges Lawyers to Abandon their Fear of Technology](https://www.innovativedriven.com/blog/court-holds-that-math-matters-for-e-discovery-keyword-search-urges-lawyers-to-abandon-their-fear-of-technology/) - There are important differences between searching for documents using technology-assisted review (TAR) and keywords. According to a U.S. Magistrate Judge based in Chicago, math should not be one of them. In a new opinion by Judge Iain Johnston of the Northern District of Illinois,[1] a party using keywords was required to test the search effectiveness - [Data Privacy Day Jan 28th, 2021](https://www.innovativedriven.com/blog/data-privacy-day-2/) - Fact: 68% of business leaders feel their cybersecurity risks are increasing. It goes without saying, then, that if data privacy and security have been on your mind, or a more frequent topic of discussion at your organization, you’re not alone. Data Privacy Day is about raising awarenessMany executives, managers, and other leaders have questions about the privacy regulatory landscape. To - [Unfinished Business: A Wish List for New FRCP Amendments](https://www.innovativedriven.com/blog/unfinished-business-a-wish-list-for-new-frcp-amendments/) - The e-discovery amendments to the Federal Rules of Civil Procedure became effective two years ago with great expectations. And with good reason. The amendments included provisions addressing many of the pain points in discovery—for example, previously inconsistent and sometimes unfair sanctions standards for preservation failures and persistent problems with overly broad and disproportionate discovery. The - [Fabricated Text Message Highlights the Importance of Emojis in eDiscovery](https://www.innovativedriven.com/blog/blog-fabricated-text-message-highlights-the-importance-of-emojis-in-ediscovery/) - Emojis are an important aspect of everyday communication in 2021. Given their ubiquity, there should be little surprise that emojis have become a key source of evidence in civil and criminal cases. This was certainly the case in Rossbach v. Montefiore Medical Center.[1] In Rossbach, the court determined that a purported salacious and inappropriate text - [Trending eDiscovery Apps](https://www.innovativedriven.com/blog/trending-ediscovery-apps/) - From Wickr to TikTok, software apps with inadequate security and protocols have triggered headline-grabbing litigation and government investigations. Apps also have become an increasingly tricky and expensive medium for recovering evidence during legal investigations and discovery. In business, apps ranging from cloud storage to chatbots that allow you to communicate in real time with colleagues - [Innovative Driven Announces Partnership with Brainspace, an Industry Leading Comprehensive Analytics Platform](https://www.innovativedriven.com/blog/innovative-discovery-announces-partnership-with-brainspace-an-industry-leading-comprehensive-analytics-platform/) - [Arlington, VA, October 16, 2019] Innovative Driven (ID), a trusted partner for law firms, corporations, and government agencies throughout the information lifecycle, is proud to announce a partnership with Brainspace, the world’s leading data analytics platform for investigations, eDiscovery, and compliance. The Brainspace platform provides comprehensive analytics and machine learning capabilities that can support the - [What Kind of Review is Right for You?](https://www.innovativedriven.com/blog/what-kind-of-review-is-right-for-you/) - Executing a managed review may seem like a straightforward task, but there are often overlooked details that leave cost and time savings on the table. ID knows the questions to ask to identify these details and build your custom workflow.ID offers flexible and personalized options so that your review fits your requirements. Remote, DistributID Reivew, - [TAR 1.0 vs TAR 2.0](https://www.innovativedriven.com/blog/technology-assisted-review-blog/) - By: Wayland Radin, Director of Operations, Analytics | Innovative Driven Leverage Machine Learning to Handle Expanding Volume Exponentially expanding data volumes present one of the most significant challenges to companies today, especially when those companies are seeking to fulfill their discovery obligations in a litigation or investigatory matter. Technology Assisted Review, or TAR, promises to help companies (and their - [Proportionality Weaponized: How It Happens and What Can Parties and Courts Do about It](https://www.innovativedriven.com/blog/blog-proportionality-weaponized-how-it-happens-and-what-can-parties-and-courts-do-about-it/) - Consider the following scenario. You wake up after a restless night’s sleep and unlock your phone to find out what awaits you today. Your calendar is busy, but there isn’t anything you cannot handle. You then turn to your email and find a message from opposing counsel in a hotly contested commercial contract and fraud - [Notice and Consent: Why COPPA Does Little to Protect the Personal Information of Children](https://www.innovativedriven.com/blog/notice-and-consent-why-coppa-does-little-to-protect-the-personal-information-of-children/) - One might assume that the U.S. Children’s Online Privacy Protection Act of 1998 (COPPA) and associated FTC COPPA Rule[1] provide actual protection over our children’s personal information when they are online. In reality, however, COPPA and the COPPA Rule merely install a minor speed bump on the well-traveled information superhighway, requiring online content providers in the - [Innovative Driven Welcomes Clint Modesitt as Manager of Digital Forensics](https://www.innovativedriven.com/blog/innovative-discovery-welcomes-clint-modesitt-as-manager-of-digital-forensics/) - [Arlington, VA, December 12, 2019] - Innovative Driven (ID), a trusted partner for law firms, corporations, and government agencies throughout the information lifecycle, announces Clint Modesitt as Manager of Digital Forensics for the ID Digital Investigations team. With more than 18 years of experience in the digital forensics and eDiscovery management field, Clint has extensive - [Don't Miss the Remote Security Boat](https://www.innovativedriven.com/blog/dont-miss-the-remote-security-boat/) - November 7, 2019 Remote work provides many benefits to employees, employers, and the environment in the form of boosting worker productivity and efficiency, helping to attract and retain employees, lowering overhead, and reducing vehicle emissions, among other advantages. But the growing trend also brings its share of challenges, from data leaks, security gaps, and lack - [Innovative Driven Wins Several Accolades in the DC and New York Law Journal’s Best of 2020](https://www.innovativedriven.com/blog/innovative-discovery-wins-several-accolades-in-the-dc-and-new-york-law-journals-best-of-2020/) - [Arlington, VA, November 2, 2020] - Innovative Driven (ID),a trusted partner for law firms, corporations, and government agencies throughout the information lifecycle, is proud to announce that it has been awarded several titles in the DC and New York Law Journal’s ‘Best of’ 2020. Innovative Driven has won in the following categories. DC Best of: - [Virginia is Set to Become the 2nd U.S. State to Pass a Data Privacy Regulation](https://www.innovativedriven.com/blog/virginia-consumer-data-protection-act-blog-post/) - The Virginia Consumer Data Protection Act (VCDPA) has passed both the House and Senate and awaits reconciliation which is believed to be a mere formality. Governor Ralph Northam supports the measure if reconciliation doesn’t introduce too many changes. The Virginia legislative session is over March 1. The Governor then has 30 days to sign into - [Using the FRCP 26(f) Conference to Effectively Address ESI Preservation Issues](https://www.innovativedriven.com/blog/using-the-frcp-26f-conference-to-effectively-address-esi-preservation-issues/) - Great emphasis has been placed over the years on the importance of the Federal Rule of Civil Procedure 26(f) conference. This is because FRCP 26(f) offers parties a forum for addressing discovery issues such as the preservation of particular sources of electronically stored information (ESI). Courts expect parties to use the 26(f) conference to discuss - [a webinar: eDiscovery and Information Lifecycle Trends](https://www.innovativedriven.com/blog/ediscovery-and-information-lifecycle-trends-2019-year-in-review-and-predictions-for-2020/) - 2019 Year in Review and Predictions for 2020 As technology continues to advance, the sheer volume, variety, and complexity of data has increased at an exponential rate. With this surge of electronically available information, the implications for corporations, law firms, and service providers are constantly changing and evolving in response. Effectively navigating these trends and - [Court Rejects In Camera Review, Signals Need for Privilege Log Alternatives](https://www.innovativedriven.com/blog/blog-court-rejects-in-camera-review-signals-need-for-privilege-log-alternatives/) - Privilege log disputes are ubiquitous as parties quibble over descriptions that often reveal few details regarding the nature of privileged communications. These disputes, in turn, give rise to in camera reviews of privileged documents as courts seek additional detail regarding those claims. While in camera reviews are not supposed to issue as a matter of - [Proactive Risk Management for Emerging Privacy Challenges ](https://www.innovativedriven.com/blog/proactive-risk-management-for-emerging-privacy-challenges/) - Discover proactive strategies to reduce non-breach privacy risks, improve governance, and align insurance coverage for 2025. - [7 Essential Tips to Maximize Your Investment in Microsoft 365](https://www.innovativedriven.com/blog/7-essential-tips-to-maximize-your-investment-in-microsoft-365/) - Make the most of your Microsoft 365 environment and maximize your investment to leverage the full potential of what M365 offers. - [New Cases Spotlight the Importance of Litigation Readiness in Avoiding FRCP 37(e) Sanctions](https://www.innovativedriven.com/blog/new-cases-spotlight-the-importance-of-litigation-readiness-in-avoiding-frcp-37e-sanctions/) - Litigation readiness is an essential step for parties who wish to be prepared for the electronic discovery process. While significant for the production phase of discovery, litigation readiness has proven indispensable for helping clients preserve relevant electronically stored information (ESI). This is particularly the case under Federal Rule of Civil Procedure 37(e), which generally safeguards - [Lessons Learned for 2019: Spotlighting the Top eDiscovery Cases from 2018](https://www.innovativedriven.com/blog/lessons-learned-for-2019-spotlighting-the-top-ediscovery-cases-from-2018/) - With the New Year upon us, it is worth looking back at some of the key eDiscovery cases from 2018 and examining the lessons they offer going forward in 2019. A Defensible Process for Preserving Relevant ESI includes Fulsome Custodian Interviews Case: Small v. Univ. Med. Ctr. of S. Nevada, 13-cv-0298-APG-PAL, 2018 WL 3795238 (D. - [Innovative Driven Adds Significant Cybersecurity Governance and Privacy Capabilities](https://www.innovativedriven.com/blog/innovative-driven-adds-significant-cybersecurity-governance-and-privacy-capabilities/) - Industry veteran Naheed Bleecker adds thirty years of experience to the ID team. Innovative Driven welcomes the addition of data privacy expert Naheed Bleecker to its IG consulting services practice. Naheed has three decades of experience in privacy, information security, program management, and information technology across several industries. Naheed comes to Innovative Driven after establishing - [Driven and Innovative Driven Merge to Better Serve Clients Along the Information Lifecycle](https://www.innovativedriven.com/blog/blog-driven-and-innovative-discovery-merge-to-better-serve-clients-along-the-information-lifecycle/) - Falls Church, VA & Arlington, VA (November 11, 2021) — Driven, Inc. (“Driven”) and Innovative Driven, LLC (“ID”) announced today that the two companies have merged, creating an end-to-end provider of services across the information lifecycle, including information governance, eDiscovery, and managed review. The combined company will initially operate under the name Innovative Driven and - [Driven CEO Ozzy Jimenez Named Ernst & Young Entrepreneur Of The Year® 2021 Mid-Atlantic Award Winner](https://www.innovativedriven.com/blog/blog-driven-ceo-ozzy-jimenez-named-ernst-young-entrepreneur-of-the-year2021-mid-atlantic-award-winner/) - Falls Church, Va., August 9, 2021 – Driven CEO Ozzy Jimenez was named an Entrepreneur Of The Year® 2021 Mid-Atlantic Award winner in a virtual ceremony held on Tuesday, August 5. Ozzy has led Driven for 16 years to record-setting growth & technological sophistication and prescient use of e-governance, policy & data management. The EY - [Innovative Driven Announces Appointment of Bryan Campbell as New CEO](https://www.innovativedriven.com/blog/innovative-driven-announces-appointment-of-bryan-campbell-as-new-ceo/) - With his previous roles as President and Chief Operating Officer of ID, Bryan brings 15 years of leadership experience in the legal technology and services industries and a commitment to operational excellence. - [How Many Times are You Paying to Host the Same Document?](https://www.innovativedriven.com/blog/how-many-times-are-you-paying-to-host-the-same-document/) - How Many Times are You Paying to Host the Same Document? A continuing pain point for litigious corporations is hosting, and what many corporations do not realize is just how many times they are paying to host the same sets of documents. Vendors who have the ability to process/host a document once — regardless of how many - [Innovative Driven Introduces AnalyzID, an Intellectual Property Theft Detection Tool](https://www.innovativedriven.com/blog/innovative-discovery-introduces-analyzid-an-employee-separation-tool-to-detect-suspicious-activity/) - [Arlington, VA, August 5, 2021] – Innovative Driven (ID), data experts serving law firms, corporations, and government agencies through the information lifecycle, is proud to announce the launch of its one-of-a-kind intellectual property theft detection kit, AnalyzID. AnalyzID provides a quick and in-depth forensic analysis of departed employees’ computers and automatically flags suspicious activity. The - [Innovative Driven Named #1 Legal Process Outsourcing Provider in the New York Law Journal Best of 2020](https://www.innovativedriven.com/blog/innovative-discovery-named-1-legal-process-outsourcing-provider-in-the-new-york-law-journal-best-of-2020/) - [Arlington, VA, September 28, 2020] - Innovative Driven (ID),a trusted partner for law firms, corporations, and government agencies throughout the information lifecycle, is proud to announce that it has been named the number one legal process outsourcing provider in the New York Law Journal’s Best of 2020. The annual ‘Best of’ awards were developed to - [Innovative Driven to Host Webinar: Managing Mobile Collections and Other Non-Traditional Data Types](https://www.innovativedriven.com/blog/innovative-discovery-to-host-webinar-managing-mobile-collections-and-other-non-traditional-data-types/) - [Arlington, VA, March 25, 2020] - Innovative Driven (ID),a trusted partner for law firms, corporations, and government agencies throughout the information lifecycle, is proud to announce that we are presenting a webinar titled, “Managing Mobile Collections and Other Non-Traditional Data Types,” on April 29, 2020, at 1:00 – 2:00 PM EST. This webinar will cover - [ID Expert to Speak at the Today’s General Counsel eDiscovery Exchange](https://www.innovativedriven.com/blog/id-expert-to-speak-at-the-todays-general-counsel-ediscovery-exchange/) - [Arlington, VA, November 19, 2019] - Innovative Driven (ID) a trusted partner for law firms, corporations, and government agencies throughout the information lifecycle, is proud to announce that Cathy Fetgatter, Senior Vice President, Analytics & Managed Review Services at ID, shares expertise on a panel at the Today’s General Counsel eDiscovery Exchange on December 11th - [Breach Review with Analytics and Automation](https://www.innovativedriven.com/blog/breach-review-with-analytics-and-automation/) - Discover how our team used advanced analytics and automation to solve a high-volume data challenge, saving time and costs while improving accuracy. - [The Importance of Data Privacy and Security for Law Firms ](https://www.innovativedriven.com/blog/the-importance-of-data-privacy-and-security-for-law-firms/) - Law firms are prime targets for cyber threats. Learn key steps to strengthen security, protect client data, and avoid costly breaches. - [Innovative Driven Launches Web Series: Afternoon Tea with ID](https://www.innovativedriven.com/blog/innovative-discovery-launches-web-series-afternoon-tea-with-id/) - [Arlington, VA, June 7, 2021] – Innovative Driven (ID), data experts serving law firms, corporations, and government agencies through the information lifecycle, is proud to announce the launch of a new web series, “Afternoon Tea with ID.” This series will feature ID clients and friends from all walks of life and different industry experience sharing an anecdote, life - [Waymo v. Uber Trade Secret Lawsuit Settles, Provides Guidance on Discovery Strategy](https://www.innovativedriven.com/blog/waymo-v-uber-trade-secret-lawsuit-settles-provides-guidance-on-discovery-strategy/) - The blockbuster trade secret action over the future of autonomous vehicle technology is finally over. Tech titans Waymo (Google) and Uber, which had battled for almost a year over Waymo’s allegations that Uber stole scores of its self-driving vehicle trade secrets, settled their dispute today. According to the order of dismissal, the parties reached a - [Driven, Inc. Acquires Omnivere](https://www.innovativedriven.com/blog/driven-inc-acquires-omnivere/) - FALLS CHURCH, Va., January 14, 2019 - Driven, Inc., an end-to-end eDiscovery and data management solutions provider, announces its acquisition of Omnivere. The newly-combined company offers law firms and corporate counsel one provider for software, services, consulting, and staffing across the entire data lifecycle. This includes dynamic technology and staffing solutions for information governance, eDiscovery, - [The Most Dangerous Threat to Your Business May Be Your Coworker](https://www.innovativedriven.com/blog/the-most-dangerous-threat-to-your-business-may-be-your-coworker/) - Intellectual property theft results mostly from insider threats or employees who feel entitled to information, which they maliciously sell to other corporations. They use their legitimate access to the organization's network, database, and application to source the information. Common culprits for such thefts include current employees, third parties like partners, contractors, temporary workers, or employees - [Innovative Driven Acquires Indexed I/O](https://www.innovativedriven.com/blog/innovative-driven-acquires-indexed-i-o/) - As we integrate Indexed I/O into our proprietary product, AccessID, clients will have an additional cloud-native solution to manage their data effectively. - [The Unicorn Team: Diverse Backgrounds and Building Trust in Client Services](https://www.innovativedriven.com/blog/the-unicorn-team-diverse-backgrounds-and-building-trust-in-client-services/) - Client services represent a profound evolution in the legal support world. It goes beyond mere customer interactions, embracing the role of a trusted advisor guiding clients toward their goals. - [Polluting the Corporate Environment with Employee Use of Personal Clouds](https://www.innovativedriven.com/blog/polluting-the-corporate-environment-with-employee-use-of-personal-clouds/) - The consumerization of IT has brought tremendous opportunity to the business world. By empowering employees with the convenience of smart phones, tablet computers, and cloud computing, companies can transact business across the globe at any time and in any place. Despite the obvious benefits, consumerization has also introduced a number of problems into the corporate - [The Courage to Hit Delete](https://www.innovativedriven.com/blog/the-courage-to-hit-delete/) - Data or content management may not be something we give much thought to until it’s absolutely necessary. Often times, litigation or corporate policy updates will create a demand to search and retain important documents. When that happens, seemingly overnight the task of searching, tagging and organizing data can become overwhelming. Suddenly, data retention and management is - [New Cases on Hot Discovery Trends: Collaboration Tools, Categorical Privilege Logs, and IoT Evidence](https://www.innovativedriven.com/blog/new-cases-on-hot-discovery-trends-collaboration-tools-categorical-privilege-logs-and-iot-evidence/) - Among hot topics in discovery practice, some of the most noteworthy include collaboration tools, privilege logging workflows, and the proliferation of new data sources through the Internet of Things (IoT). With courts having issued few decisions on these topics, three recent cases addressing these issues are particularly significant.[1] The first is Charter Communications Operating v. - [Lessons Learned for 2025: Spotlighting Five Key eDiscovery Trends from 2024 ](https://www.innovativedriven.com/blog/lessons-learned-for-2025-spotlighting-five-key-ediscovery-trends-from-2024/) - Looking back at some of the top eDiscovery cases and trends from 2024 and exploring the lessons they offer going forward in 2025. - [Selected eDiscovery and ESI Case Law from 2024](https://www.innovativedriven.com/blog/selected-ediscovery-and-esi-case-law-from-2024/) - Keeping up with key litigation case law is essential but overwhelming. Our 2024 list highlights pivotal cases in eDiscovery, ESI, preservation, AI, and more. - [Eric P. Mandel joins the Driven Consulting team](https://www.innovativedriven.com/blog/eric-p-mandel-joins-the-driven-consulting-team/) - Driven Inc. is pleased to announce the addition of industry veteran Eric P. Mandel to its consulting services practice that also includes Tara Emory, Phil Favro, and Jonathan Swerdloff. Eric is an experienced attorney, business leader, and technologist with in-depth, hands-on experience working on scores of complex US and international litigation matters and advisory engagements. - [Archiving vs. Journaling: Saving the Right Stuff](https://www.innovativedriven.com/blog/archiving-vs-journaling-saving-the-right-stuff/) - Email threatens to overwhelm us all - over 100 billion business emails were sent every single day in 2013[1] and that number is expected to grow. Friends, colleagues, and now even inanimate objects all communicate by email. With this deluge in mind, how can an organization save their email in a comprehensive, defensible, and useful - [Data Disorder to Organized Efficiency: How Data Hygiene Enhances AI Outcomes](https://www.innovativedriven.com/blog/from-data-disorder-to-organized-efficiency-how-data-clean-up-enhances-ai-outcomes/) - With the proliferation of AI-enabled tools generating mountains of data, the volume and complexity of information in organizations can be overwhelming. - [Innovative Driven Welcomes DLS Discovery: Unified Services with a Shared Vision and Expanded Capabilities](https://www.innovativedriven.com/blog/innovative-driven-welcomes-dls-discovery-unified-services-with-a-shared-vision-and-expanded-capabilities/) - By uniting our expertise, we will expand support, while enhancing full-service litigation capabilities throughout Delaware, New Jersey, and Pennsylvania. - [Innovative Driven completes 2020-2021 FedRAMP reauthorization and Adds iCONECT to the Environment](https://www.innovativedriven.com/blog/innovative-discovery-completes-2020-2021-fedramp-reauthorization-and-adds-iconect-to-the-environment/) - [Arlington, VA, August 27, 2020] - Innovative Driven (ID), a trusted partner for law firms, corporations, and government agencies throughout the information lifecycle, proudly announces completion of the annual audit for the FedRAMP moderate Cloud Service Provider reauthorization for 2020-2021. ID has also added iCONECT, a digital document review platform, to our FedRAMP-authorized cloud environment. - [Volkswagen learns an expensive lesson on the dangers of ROT](https://www.innovativedriven.com/blog/volkswagen-just-learned-an-expensive-lesson-about-the-dangers-of-rot/) - Volkswagen and Audi are the latest victims of a data breach that exposed the contact info on 3.3 million customers, including phone numbers, email addresses, mailing addresses, and in some cases VIN numbers. An additional 90,000 customers may have had even more sensitive information exposed that would have been provided during the loan eligibility process - [What Does it Mean to Be Ranked in Litigation Support by Chambers and Partners?](https://www.innovativedriven.com/blog/what-does-it-mean-to-be-ranked-in-litigation-support-by-chambers-and-partners/) - A Chambers and Partners ranking identifies excellence within the legal industry. Since 1990, the organization has published guides for the legal profession, ranking the best by independently researching companies and individuals based on qualities such as technical ability, client service, commitment, and professional conduct. Vetted litigation support companies are officially recognized annually in the definitive - [New Initial Disclosures under CCP §2016.090](https://www.innovativedriven.com/blog/new-initial-disclosures-under-ccp-§2016-090/) - A new wave of discovery requirements has hit California and parties need to be prepared or risk having claims and defenses swept under and drowned. - [Three Key Lessons from New TAR Decision Winfield v. City of New York](https://www.innovativedriven.com/blog/three-key-lessons-from-new-tar-decision-winfield-v-city-of-new-york/) - It’s not often that a judicial opinion provides instructive guidance on several different discovery issues. When that happens, lawyers should be particularly attentive to the court’s instructions. Such is the case with a new decision from Winfield v. City of New York. In Winfield, U.S. Magistrate Judge Katharine Parker provided direction on issues ranging from - [Remote Collections are Not the New Normal – They are the Standard](https://www.innovativedriven.com/blog/remote-collections-are-not-the-new-normal-they-are-the-standard/) - To say that we’ve found ourselves in a drastically different world is an understatement. Just a month ago, most of us had never heard the term “social distancing.” Fast forward to today, and you can’t go a few minutes without hearing it on TV or reading it in a headline. As the world adjusts to - [Innovative Driven Introduces: Platform Modernization Workshops](https://www.innovativedriven.com/blog/innovative-discovery-introduces-platform-modernization-workshops/) - [Arlington, VA, July 16, 2021] – Innovative Driven (ID), data experts serving law firms, corporations, and government agencies through the information lifecycle, is pleased to announce the launch of their Platform Modernization Workshops. ID's modernization workshops, led by our information governance experts, offer insights into best practices, industry trends, cycles, and innovations to help your organization get up-to-date and on - [Innovative Driven to Host and Speak on Webcast Panel: No Document Review is an Island - Insights from the Experts](https://www.innovativedriven.com/blog/innovative-discovery-to-host-and-speak-on-webcast-panel-no-document-review-is-an-island-insights-from-the-experts/) - [Arlington, VA, March 17, 2021] – Innovative Driven (ID), data experts serving law firms, corporations, and government agencies through the information lifecycle, is pleased to announce that Cathy Fetgatter, Senior Vice President, Analytics & Managed Review will sit on the panel for the ID-hosted webcast, “No Document Review is an Island – Insights from the Experts” on Tuesday, May - [California Voters Approve the CPRA](https://www.innovativedriven.com/blog/california-voters-approve-the-cpra-blog/) - Goodbye CCPA – we hardly knew you. Hello CPRA! While most of America, and the world, have been focused on the U.S. Presidential election, voters in California have quietly approved the most sweeping privacy and data protection law in the United States. The California Privacy Rights Act (“CPRA” or the “Act”) will be replacing the - [The Vision of ID University: Elevating Teams and Client Collaboration](https://www.innovativedriven.com/blog/the-vision-of-id-university-elevating-teams-and-client-collaboration/) - ID University is more than just an internal training program - it’s a knowledge-sharing endeavor to help employees expand their expertise, foster collaboration, and build stronger client relationships. - [Innovative Driven and Integro Merge to Create an Information Governance Powerhouse](https://www.innovativedriven.com/blog/innovative-discovery-and-integro-merge-to-create-an-information-governance-powerhouse/) - [Arlington, VA, September 2, 2020] - Innovative Driven (ID), a trusted partner for law firms, corporations, and government agencies that provides service, guidance, and consultation throughout the information lifecycle, is pleased to announce that it has acquired Integro, a leading provider of information governance and content services solutions. Effective immediately, ID and Integro will work as one well-rounded - [ID Announces Investment in Milyli](https://www.innovativedriven.com/blog/id-announces-investment-in-milyli/) - [Arlington, VA, January 16, 2020] Innovative Driven (ID), a trusted partner for law firms, corporations, and government agencies throughout the information lifecycle, is proud to announce an investment in the suite of Milyli products. ID clients will benefit from three Milyli tools: Blackout - the leading redaction software for Relativity, Milyli offers custom development services trusted by top organizations in eDiscovery around the world Chronicle – a - [Innovative Driven Welcomes Nate Latessa as Vice President of Corporate Services](https://www.innovativedriven.com/blog/innovative-discovery-welcomes-nate-latessa-as-vice-president-of-corporate-services/) - [Arlington, VA, December 18, 2019] - Innovative Driven (ID), a trusted partner for law firms, corporations, and government agencies throughout the information lifecycle, welcomes Nate Latessa as Vice President of Corporate Services. In his role, Nate will focus on educating and advising enterprise executives on information management strategies in response to today’s cybersecurity, governance, and privacy challenges. Nate has more - [ID Introduces Refreshed Brand Identity](https://www.innovativedriven.com/blog/id-introduces-refreshed-brand-identity/) - [Arlington, VA, October 21, 2019] Innovative Driven (ID), a trusted partner for law firms, corporations, and government agencies throughout the information lifecycle, is proud to announce a refresh of its brand image and a redesign of the company website. The new ID website serves as an educational resource for not only clients but for anyone - [Will 2021 be the year that we get a federal consumer privacy law?](https://www.innovativedriven.com/blog/will-2021-be-the-year-that-we-finally-get-a-federal-consumer-privacy-law/) - On March 10, Suzan DelBene (D-WA-01) introduced the Information Transparency and Personal Data Control Act which creates a national data privacy standard to protect personal information. The bill develops a digital privacy framework to complement global standards and combat anti-consumer practices.“Data privacy is a 21st Century issue of civil rights, civil liberties, and human rights; - [Data Governance Is the First Line of Cyber Defense](https://www.innovativedriven.com/blog/data-governance-is-the-first-line-of-cyber-defense/) - Since 2003, October has been recognized as National Cyber Security Awareness month. It’s a collaboration between the US Department of Homeland Security and the National Cyber Security Alliance and intended to raise awareness for staying safe and secure online. Cybersecurity month focuses on 5 main topics: Cybersecurity awareness is important for organizations as well as - [New Cases Spotlight eDiscovery Trends on Possession, Custody or Control and Jury Instructions re ESI Spoliation](https://www.innovativedriven.com/blog/new-cases-spotlight-ediscovery-trends-on-possession-custody-or-control-and-jury-instructions-re-esi-spoliation/) - New eDiscovery cases continue to proliferate, spotlighting key trends regarding the handling of ESI in litigation. Two particularly noteworthy topics include: (1) Possession, custody, or control questions involving employee text messages; and (2) the role and form of adverse inference instructions to juries to address ESI spoliation. Understanding how courts are addressing these issues will - [The Impact that the Changing Nature of Documents is Having on eDiscovery](https://www.innovativedriven.com/blog/the-impact-that-the-changing-nature-of-documents-is-having-on-ediscovery/) - Notions about what constitutes a "document" have significantly changed over the years, leading to increasing complexity for government agencies and regulators in both the discovery process and during investigations. While government agencies and regulators may know that relevant information often can be found among “documents” such as messages and hyperlinked content found in chat and - [Utah Court Rejects Disclosure of TAR Process, Offers Insights on Transparency and Cooperation](https://www.innovativedriven.com/blog/utah-court-rejects-disclosure-of-tar-process-offers-insights-on-transparency-and-cooperation/) - Parties who use technology-assisted review (TAR) must decide whether and how much of their process to disclose to the other side. Another key consideration is whether they should enter into a stipulated use protocol. A new case from Utah—Entrata, Inc. v. Yardi Systems, Inc.[1]—offers insights on these issues, particularly on the role and significance of - [Judge Parker Reaffirms Rule 502(d) Protections, Rejects “Quick Peek” Procedure](https://www.innovativedriven.com/blog/judge-parker-reaffirms-rule-502d-protections-rejects-quick-peek-procedure/) - For nearly a decade, Federal Rule of Evidence 502(d) has provided a straightforward procedure for litigants to safeguard privileged information against waiver by inadvertent disclosure. Properly drafted Rule 502(d) orders eliminate the need for a party claiming the privilege to show that a disclosure of information protected by the lawyer-client privilege or work product doctrine - [Oracle America v. Google and The Strategic Importance of Privilege Reviews](https://www.innovativedriven.com/blog/oracle-america-v-google-and-the-strategic-importance-of-privilege-reviews/) - A high-profile trial involving technology titans Oracle and Google taking place in San Francisco this month spotlights the strategic importance of privilege reviews for litigation attorneys. As detailed in a recent article published by Big Law Business, arguably the most important piece of evidence in Oracle America v. Google is an internal company email that - [Attorneys Embracing Remote Review with Virtual Supervision](https://www.innovativedriven.com/blog/attorneys-embracing-remote-review-with-virtual-supervision/) - Every industry is experiencing an unprecedented time in the wake of social distancing requirements. Previously, many document review supervising attorneys favored review teams working from a secure room, where reviewers were supervised in person. Because this is not possible today, remote review must be considered. But, many attorneys are rightly cautious: how secure can a - [Privilege Subject Matter Waiver Under FRE 502](https://www.innovativedriven.com/blog/privilege-subject-matter-waiver-under-fre-502/) - Federal Rule of Evidence 502 (“Rule 502”) addresses the evidentiary issues arising from the disclosure of attorney-client privilege or work product information in discovery, inadvertent or otherwise. Litigators are urged to include obtain a Rule 502(d) non-waiver order in all federal court litigation and comparable non-waiver orders in state court matters. As we have previously - [Retention of Ephemeral Messages](https://www.innovativedriven.com/blog/retention-of-ephemeral-messages/) - An oft-heard argument is that one form of a recorded communication channel (e.g., Instant Messaging) is more akin to an unrecorded telephone call than another (e.g., email), and the former should thus not be subject to any regulatory or legal retention obligation. Similarly, some have questioned whether a recorded communication needs to be retained for - [Discovery of Ephemeral Messaging](https://www.innovativedriven.com/blog/discovery-of-ephemeral-messaging/) - With ephemeral messaging moving from fad to trend, it is important for lawyers to consider several questions, such as whether their clients, if under legal hold, can still use ephemeral messaging and if so, under what circumstances? In my last post, I explored the meaning of ephemeral data and messaging, and proposed the following working - [GDPR "Who Is Covered"](https://www.innovativedriven.com/blog/gdpr-who-is-covered/) - This post is the first of a series of short blog posts about GDPR 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. Let's start with who the - [What Litigants Should Know About New Court Decisions on Categorical Privilege Logs](https://www.innovativedriven.com/blog/blog-what-litigants-should-know-about-new-court-decisions-on-categorical-privilege-logs/) - Parties are turning to privilege log alternatives like metadata logs, categorical logs, and logs reflecting samples of privileged documents to ameliorate the burdens of preparing document by document logs. As they do so, courts have in turn issued several recent opinions that provide guidance for how parties should handle the development of these logs, particularly - [Microsoft Purview eDiscovery: Key Features and Limitations](https://www.innovativedriven.com/blog/microsoft-purview-ediscovery-key-features-and-limitations/) - This article discusses the various eDiscovery modules and features available to Microsoft Purview eDiscovery licensees and evaluates its limitations. - [Same Car, New Engine: Implementing Generative AI Within Current eDiscovery Workflows](https://www.innovativedriven.com/blog/same-car-new-engine-implementing-generative-ai-within-current-ediscovery-workflows/) - While the promise of "next-generation" artificial intelligence tools and platforms is vast (and has the hype to match), in truth, we have all been leveraging machine learning in our work and personal lives for many years. Yes, even in legal. - [Getting to Know Your ESI: Early data mapping efforts pay dividends](https://www.innovativedriven.com/blog/getting-to-know-your-esi-early-data-mapping-efforts-pay-dividends/) - The first two steps in the Electronic Discovery Reference Model are Information Governance and Identification. To be effective in each of these steps, you will need a data map. The last thing you want is to explain to a judge after a 26(f) conference that you’re “still trying to locate and understand the data” your - [Lessons Learned for 2024: Spotlighting Five Key eDiscovery Trends from 2023](https://www.innovativedriven.com/blog/lessons-learned-for-2024-spotlighting-five-key-ediscovery-trends-from-2023/) - With the New Year upon us, it is worth looking back at some of the top eDiscovery cases and trends from 2023 and exploring the lessons they offer for 2024. - [The Need for Enhanced Cyber and Privacy Safeguards](https://www.innovativedriven.com/blog/the-need-for-enhanced-cyber-and-privacy-safeguards/) - Organizations need to bolster their cyber and privacy protections, or they could face severe consequences both inside the courtroom and beyond. - [The Sedona Conference Semiannual ESI and eDiscovery Case Law Compendium ](https://www.innovativedriven.com/blog/selected-ediscovery-and-esi-case-law-from-2023/) - With courts regularly issuing cases that impact traditional and novel eDiscovery issues, litigants and lawyers need resources to find those cases and stay current with the lessons they provide. - [Handling Structured Data in Discovery](https://www.innovativedriven.com/blog/handling-structure-data-in-discovery/) - Explore aspects of structured data discovery in civil litigation, from identifying and obtaining ESI and structured data repositories to database structures and optimizing production formats. - [California Enacts New IoT Security Law](https://www.innovativedriven.com/blog/california-enacts-new-iot-security-law/) - What the heck is IoT, and why did California just enact SB 327, a new law effective January 2020 that will potentially cost technology manufacturers thousands, if not millions, in compliance costs? Let’s take a look… While we mere mortals generate a massive volume of new data on a daily basis typing away on keyboards, - [Introducing the CPREA: California Privacy Rights and Enforcement Act of 2020](https://www.innovativedriven.com/blog/introducing-the-cprea-california-privacy-rights-and-enforcement-act-of-2020/) - CCPA may have been just the beginning of California’s privacy framework. On September 25, 2019, Californians for Consumer Privacy, the group behind the California ballot initiative that resulted in California Consumer Privacy Act (CCPA), filed a new initiative intended for California’s November 2020 general election ballot, which they have labeled as the “California Privacy Rights - [Examining COPPA and the Google-YouTube Settlement](https://www.innovativedriven.com/blog/examining-coppa-and-the-google-youtube-settlement/) - On September 4, 2019 the Federal Trade Commission (FTC) announced that Google and its subsidiary YouTube agreed to “pay a record $170 Million to settle allegations by the Federal Trade Commission and the New York Attorney General that the YouTube video-sharing service illegally collected personal information from children without their parents’ consent” (the “Google-YouTube Settlement”).[1] - [Working at Home: A Survival Guide](https://www.innovativedriven.com/blog/working-at-home-a-survival-guide/) - With the proliferation of COVID-19 and the demand for social distancing, more and more employers are requiring their workforce to work from home. Many of us have taken a laptop home or to a coffee shop to get away from the office or work on a project over a weekend. It can be kind of - [Greedy Plaintiff Gets Stuck with a Big Discovery Tab](https://www.innovativedriven.com/blog/greedy-plaintiff-gets-stuck-with-a-big-discovery-tab/) - Discovery is not an all-you-can-consume buffet. Yet the temptation to demand endless refills of document productions can be irresistible for some requesting parties. This is particularly true in asymmetrical litigation in U.S. federal court where a responding party is generally responsible to pay their own costs of discovery.[1] This was the case for Lawson v. - [ITAR Projects are Not Limited to US Citizens](https://www.innovativedriven.com/blog/itar-projects-are-not-limited-to-us-citizens/) - Handling eDiscovery on matters that require compliance with the United States International Traffic in Arms Regulations (ITAR) can be a challenge.[1] For those who have yet to experience working under ITAR, it comes into play when one or more parties (or a non-party) to a litigation is a US Government contractor, particularly in the national - [State Secrets in China: What You Need to Know](https://www.innovativedriven.com/blog/state-secrets-in-china-what-you-need-to-know/) - State Secrets in China: What You Need to Know In the realm of cross-border discovery, each country presents different issues and potential concerns when pursuing information and document collections. For many countries, the most significant issues result from laws that limit the scope of collection permitted. However, when collecting from Chinese companies, a more significant - [Two Innovative Driven Executives Named in Arizona State University’s Sun Devil 100](https://www.innovativedriven.com/blog/two-innovative-discovery-executives-named-in-the-arizona-state-universitys-sun-devil-100/) - [Arlington, VA, February 24, 2020] - Innovative Driven (ID),a trusted partner for law firms, corporations, and government agencies throughout the information lifecycle, is proud to announce that Kimothy (Kim) Taylor, CEO, and Jamie Neilon, Vice President of Information Technology, have been selected as members of the Sun Devil 100, an esteemed program that celebrates the achievements of Arizona State University - [Identifying and Combating Email Risks](https://www.innovativedriven.com/blog/identifying-and-combating-email-risks/) - Emails have become such a central part of our day-to-day lives, whether it is in a personal or professional atmosphere. Masses of people opt to send an email rather than having physical conversations either in-person or over the phone. Email provides access to so many other avenues in our lives, whether that's communicating with colleagues - [How to Get Your Team On-Board with Company-Wide Data Protection](https://www.innovativedriven.com/blog/how-to-get-your-team-on-board-with-company-wide-data-protection/) - You're likely to benefit significantly from turning to security teams and vendors for data protection, but your employees also need to help by adhering to certain policies and engaging in best practices. The following are some of the ways you can make sure your company makes security a team effort. Emphasize the Need for Data - [Managing Mobile Collections and Other Non-Traditional Data Types](https://www.innovativedriven.com/blog/managing-mobile-collections-and-other-non-traditional-data-types/) - It’s an interesting time in digital forensics and eDiscovery, as rapidly evolving technology and communication tools play a growing role in litigation and investigations. Ever-changing and emerging technology New technologies are changing the nature of digital forensics and eDiscovery, and industry professionals should prepare for continued disruption. Instant messaging, blockchain, virtualization, and cloud storage are - [When You Acquire a Business, Are You Acquiring a Data Breach Liability?](https://www.innovativedriven.com/blog/when-you-acquire-a-business-are-you-acquiring-a-data-breach-liability/) - The acquisition of a business involves many risks and uncertainties. The damage from past data breaches is potentially a huge risk. A Forbes article reports that 40% of companies acquiring a business discovered a cybersecurity problem post-acquisition. Being such a common problem, it calls for it security consulting companies to come and provide their services - [Innovative Driven Expert to Speak on Webinar Panel: Today’s Trends in Analytics and Managed Review](https://www.innovativedriven.com/blog/innovative-discovery-expert-to-speak-on-webinar-panel-todays-trends-in-analytics-and-managed-review/) - [Arlington, VA, May 26, 2020] - Innovative Driven (ID),a trusted partner for law firms, corporations, and government agencies throughout the information lifecycle, is proud to announce that Cathy Fetgatter, Senior Vice President, Analytics and Managed Review Services, will present on the webinar, “Today's Trends in Analytics and Managed Review,” on June 23rd, 2020 at 12:00 – 1:00 PM EST. - [Bridging the Gap Between Legal and Technology Communication During Complex eDiscovery Matters](https://www.innovativedriven.com/blog/bridging-the-gap-between-legal-and-technology-communication-during-complex-ediscovery-matters/) - By: Andrew Dorsey, Senior Project Manager eDiscovery matters require expertise from both the legal and technical fields, two disciplines that can often speak different languages, leaving the potential for communication gaps and disjointed work products. Moreover, experts in forensics, data services, hosting platforms, and managed review must precisely navigate client specifications in order to meet - [Innovative Driven to Host and Speak on Webinar Panel: Trends and Tools in eDiscovery](https://www.innovativedriven.com/blog/innovative-discovery-to-host-and-speak-on-webinar-panel-trends-and-tools-in-ediscovery/) - [Arlington, VA, August 17, 2020] - Innovative Driven (ID), a trusted partner for law firms, corporations, and government agencies throughout the information lifecycle, is proud to announce that Nate Latessa, Vice President of Corporate Services will present on the ID-hosted webinar, “Trends and Tools in eDiscovery” on Tuesday, September 29, 2020, at 1:00 – 1:40 PM ET. The panel - [Is Remote Work Increasing Data Hoarding?](https://www.innovativedriven.com/blog/dont-let-remote-work-inflate-company-data-hoarding/) - Many companies have been forced to rapidly pivot to remote work, often with suboptimal preparation on the part of both employers and employees. From implementing an ip phone for business use to activating VPNs that allow employees to access work servers, there are a lot of changes taking place. This can lead to a number - [Your house knows you better than your significant other](https://www.innovativedriven.com/blog/your-house-knows-you-better-than-your-significant-other/) - In every relationship it takes time and moments together to create a bond. Once that bond is established, we begin to feel comfortable enough to share personal information about ourselves with another person. However, we tend to skip the “getting to know you phase” and start divulging all of our personal information with our connected - [What Keeps Your CEO Up at Night?](https://www.innovativedriven.com/blog/what-keeps-your-ceo-up-at-night/) - What keeps your CEO up at night? When running a company, there are so many different factors CEOs need to keep into account. If their employee turnover is too high, they need to look at resources like https://www.qualtrics.com/experience-management/employee/exit-interview-survey-questions/ to see what they can do better. If their profit margins are decreasing, what can they do - [In a galaxy far, far away, active learning saved the day.](https://www.innovativedriven.com/blog/in-a-galaxy-far-far-away-active-learning-saved-the-day/) - By: Wayland Radin and Andrew Erland May the force be with you Inquiring minds on the ID team wanted to determine, once and for all, where certain Star Wars icons fell on the light vs. dark spectrum of the force. Naturally, ID looked to Relativity Analytics (specifically Active Learning) to answer this burning question.Our team - [Two Innovative Driven Executives Named in the Arizona State University’s Sun Devil 100](https://www.innovativedriven.com/blog/two-innovative-discovery-executives-named-in-the-arizona-state-universitys-sun-devil-100-2/) - [Arlington, VA, May 17, 2021] - Innovative Driven (ID),data experts guiding law firms, corporations, and government agencies through the information lifecycle, is proud to announce that Kimothy (Kim) Taylor, CEO, and Jamie Neilon, Vice President of Information Technology, have been selected as members of the Sun Devil 100, an esteemed program that celebrates the achievements of Arizona State University - [Innovative Driven Launches ID Demo Days, Monthly Software Demos](https://www.innovativedriven.com/blog/innovative-discovery-launches-id-demo-days-monthly-software-demos/) - [Arlington, VA, April 20, 2021] – Innovative Driven (ID), data experts serving law firms, corporations, and government agencies through the information lifecycle, is pleased to announce the launch of ID Demo Days. Once a month our experts will host a brief tutorial of our software and answer attendees’ questions. All sessions will be recorded and available for viewing after - [Reasons Why You Should Clean Up Your File Shares](https://www.innovativedriven.com/blog/reasons-why-you-should-clean-up-your-file-shares/) - Linda Coniglio, Director of Privacy & Information Governance & Rachel Desormes, Information Governance Consultant Fact: Unstructured data grows by 55-65% each year (Marr, 2019). Fact: 69% of the information retained by most companies has no business, legal or regulatory value (Smallwood, 2020). Fiction: My company has no compelling reason to clean up our file shares. Does your - [Innovative Driven Introduces Updated Software Product, IDentify File Analysis, For File Share Analysis and Clean Up](https://www.innovativedriven.com/blog/innovative-discovery-introduces-updated-software-product-identify-file-analysis-for-file-share-analysis-and-clean-up/) - [Arlington, VA, May 25, 2021] – Innovative Driven (ID), data experts serving law firms, corporations, and government agencies through the information lifecycle, is proud to introduce Identify File Analysis, a proprietary file share analysis and cleanup product. IDentify scans across terabytes of file shares, analyzes the metadata, and automatically applies customizable ROT policies. IDentify puts the power in - [So You Think Privacy Compliance is Costly?](https://www.innovativedriven.com/blog/so-you-think-privacy-compliance-is-costly/) - The privacy and compliance arena is quite active these days and, according to Gartner, will continue to be in the near future. Gartner says that by 2023, 65% of the world's population will have its personal information covered under modern privacy regulations – up from only 10% today. Because of this volatility, companies might be - [Innovative Driven Welcomes Billy Eccleston as Vice President of eDiscovery Operations](https://www.innovativedriven.com/blog/innovative-discovery-welcomes-billy-eccleston-as-vice-president-of-ediscovery-operations/) - [Arlington, VA, June 8] – Innovative Driven (ID), data experts serving law firms, corporations, and government agencies through the information lifecycle, is pleased to welcome Billy Eccleston to the ID family as Vice President of eDiscovery Operations. Billy is responsible for all data intake, technical services, and processing. Along with managing day-to-day operations, Billy works - [IBM Announces Move Toward Hyper-Automation with AI-Embedded Cloud Paks](https://www.innovativedriven.com/blog/ibm-announces-move-toward-hyper-automation-with-ai-embedded-cloud-paks/) - What Are Cloud Platforms and Containers? Cloud and container platforms — like IBM Cloud Paks — represent the future of automation in a fully managed, serverless platform with fewer human touchpoints. Cloud and container platforms are superior to traditional implementations in that they: decrease maintenance and upgrade downtimes by 84%. reduce operating expenses by up to 75%. - [Innovative Driven Continues Process Improvement with its Employee Empowerment Program](https://www.innovativedriven.com/blog/innovative-discovery-continues-process-improvement-with-its-employee-empowerment-program/) - [Arlington, VA, July 20, 2021] – Innovative Driven (ID), data experts serving law firms, corporations, and government agencies through the information lifecycle, is pleased to announce the launch of empowerID, an employee empowerment program. Strongly devoted to process improvement, ID uses OKRs (Objectives & Key Results) to encourage team members to think outside the box and constantly look for ways - [Trends Shaping the Future of eDiscovery](https://www.innovativedriven.com/blog/trends-shaping-the-future-of-ediscovery/) - 2020 caused numerous changes in the legal and information governance industries. Legal professionals had no choice but to adapt to the new norm to continue running their day-to-day activities. These events have made it essential to stay updated on the trends that will impact eDiscovery. So, what are the trends shaping the future of eDiscovery? - [Cyber Talent Crunch vs Privacy Risk](https://www.innovativedriven.com/blog/cyber-talent-crunch-vs-privacy-risk/) - “Hackers gain access . . .” seems to be the lead story of many news outlets the past few months. These stories describe criminals hacking into computer systems and demanding money for the safe return of the stolen data. Recently these attacks have impacted our supply chain and our daily lives. The Washington Post reports - [Driven, Inc. Achieves Top Billing for Third Consecutive Year in Chambers 2021 eDiscovery (Litigation Support) Rankings](https://www.innovativedriven.com/blog/driven-inc-achieves-top-billing-for-third-consecutive-year-in-chambers-2021-ediscovery-litigation-support-rankings/) - Chambers and Partners, the internationally renowned legal rankings firm, has given Driven, Inc. top billing in its annual rankings for eDiscovery (litigation support) firms in the U.S. Recognized as the “legal industry’s most prestigious rankings,” Chambers placed Driven in “Band Three.” This is the third straight year that Chambers has included Driven in its rankings. - [Recipe for Creating a Successful Information Governance Program](https://www.innovativedriven.com/blog/recipe-for-creating-a-successful-information-governance-program/) - Creating a successful information governance (IG) program requires a solid foundation and a clear understanding of what IG entails. Building a strong foundation for your IG program involves several key steps: Develop a comprehensive IG roadmap: This roadmap should outline the key goals and objectives of your IG program, as well as the steps needed - [Five Questions to Ask Before…You Bring e-Discovery "In-House"](https://www.innovativedriven.com/blog/five-questions-to-ask-beforeyou-bring-e-discovery-in-house/) - Corporations and law firms alike strive for ways to control costs and access of litigation, particularly as it relates to e-Discovery. While some have successful brought aspects of e-Discovery in-house, many have learned the hard way that this is no small task. Here are five questions to ask yourself before you try bringing e-Discovery into - [Five Questions to Ask Before…Self-Collecting Evidence](https://www.innovativedriven.com/blog/five-questions-to-ask-beforeself-collecting-evidence/) - Not every matter has the budget of the bet the company kind of litigation. However, simply going with self-collection protocols can be more costly in the long run if counsel doesn’t understand the potential pitfalls. Here are five critical questions to ask yourself (or the custodian that would be self-collecting) before you go down that - [Bring Your Own App (BYOA)](https://www.innovativedriven.com/blog/bring-your-own-app/) - If you have worked in the corporate world for the last five years you are likely familiar with the Bring Your Own Device (“BYOD”) concept. BYOD is the practice of allowing employees to use their personal computers, smart phones, and other devices to access company data and perform their jobs. You may be less familiar - [Custodial Interviews: You’re Doing it Wrong](https://www.innovativedriven.com/blog/custodial-interviews-youre-doing-it-wrong/) - Custodial interviews are a key part of discovery. Perhaps more than any other process, the interviews provide opportunities for successful, efficient discovery. However, if mishandled, they are likely to lead to later problems. To put yourself in the best position, make sure you are not making any of these common mistakes: 1. Collecting without in-person - [Judge Peck’s Latest Word: Revisiting Technology Assisted Review (TAR)](https://www.innovativedriven.com/blog/judge-pecks-latest-word-revisiting-technology-assisted-review-tar/) - Leading judicial voice in the field of Technology Assisted Review, US Magistrate Judge Andrew Peck, is at it again. Three years after his seminal Opinion asserting that Technology Assisted Review “is an available tool and should be seriously considered for use” in Da Silva Moore v. Publicis Group & MSL Grp., 287 F.R.D. 182 (S.D.N.Y. - [The Data Dump: what to do when you’ve received too much data?-Part 1](https://www.innovativedriven.com/blog/the-data-dump-what-to-do-when-youve-received-too-much-data-part-1/) - Have you ever been overwhelmed by a document dump? If your adversary “dumps” a large amount of data on you, with little regard for relevance or organization, how do you deal with it? Years ago, you would have sent associates to a warehouse where they would pour over pages of moldy and musty documents and - [To BYOD or not to BYOD? Pros and Cons of a BYOD Program](https://www.innovativedriven.com/blog/to-byod-or-not-to-byod-pros-and-cons-of-a-byod-program/) - Does your company have a written policy regarding whether employees may “bring your own device” (BYOD) for work? If not, you need one. At a minimum, your company policy should clearly state whether employee-owned devices may be used in the workplace or to access company data, and if so, in what circumstances. If your company - [Solving the Privilege Conundrum](https://www.innovativedriven.com/blog/solving-the-privilege-conundrum/) - Privilege logging is one of the most despised elements of discovery practice. A few years ago, civil discovery expert Kevin Brady concisely summarized why courts, counsel, and clients universally detest privilege logging: Judges don’t want to hear about the disputes or do any in camera review. Partners do not want to oversee the work on - [Reconsidering Custodial Self-collection: Rule 902 updates coming soon](https://www.innovativedriven.com/blog/reconsidering-custodial-self-collection-rule-902-updates-coming-soon/) - Changes to the Federal Rules of Evidence (“FRE”) coming in December of this year should lead you to reconsider how you collect data. Litigants must balance the costs, time, and hassles of self-collection on the one hand against those of using a third party, often on a case-by-case basis. Setting aside the likelihood that a - [Sedona Writes a Prescription for Information Governance](https://www.innovativedriven.com/blog/sedona-writes-a-prescription-for-ig/) - Sedona Writes a Prescription for Information Governance Information governance (IG) is is the antidote to ESI, as recently prescribed in The Sedona Conference Principles on Information Governance (SCPIG). The SCPIG defines information governance “as an organization’s coordinated interdisciplinary approach to satisfying information compliance requirements and managing information risks while optimizing information value.”[i] We should all question the - [Top 5 e-Discovery Bad Habits You Should Break, Part IV](https://www.innovativedriven.com/blog/top-5-e-discovery-bad-habits-you-should-break-part-iv/) - This is part IV of a series of five posts on eDiscovery bad habits. Links to the other posts will be included at the bottom of each when they are published. - [The Newest Predictive Coding Case Teaches Us Little About Predictive Coding and Everything About Stipulated ESI Protocols](https://www.innovativedriven.com/blog/the-newest-predictive-coding-case-teaches-us-little-about-predictive-coding-and-everything-about-stipulated-esi-protocols/) - The Newest Predictive Coding Case Teaches Us Little About Predictive Coding and Everything About Stipulated ESI Protocols The District of Nevada has held that a party improperly used predictive coding, and should produce all documents containing keyword hits, in Progressive Cas. Ins. Co. v. Delaney, No. 2:11-cv-00678-LRH-PAL (July 18, 2014) (amending Order of May 19, - [4 Steps to a Legal Hold – Software Not Required](https://www.innovativedriven.com/blog/4-steps-to-a-legal-hold-software-not-required/) - Do you need to issue and track the status of litigation holds, without specialized software to help with the task? Don’t fret! Legal holds can be done with email, hyperlinks and a spreadsheet. While the details may vary according to the litigation and organization, there are key elements of a legal hold that are universal. - [The End of the Privilege Log as We Know It?](https://www.innovativedriven.com/blog/the-end-of-the-privilege-log-as-we-know-it/) - Anyone who has ever worked on a privilege log has probably suspected that there must be a better way to deal with privilege. There is … and it is finally gaining traction. Privilege logs may be one of the most wasteful parts of discovery. Costs are often high, as attorneys carefully consider for each privileged - [HIPAA Violations May Result in Private Right of Action under State Law – and why every company should care](https://www.innovativedriven.com/blog/hippa-violations-may-result-in-private-right-of-action-under-state-law/) - The risk of liability just went way up for mishandling sensitive health information, and perhaps also other types of private information protected by federal statutes. On November 11, 2014, the Connecticut Supreme Court determined that HIPAA can created a standard for a private right of action under state law for a victim who had her - [Stop the Sanctions - Three e-Discovery Challenges for Japanese Companies](https://www.innovativedriven.com/blog/stop-the-sanctions-three-e-discovery-challenges-for-japanese-companies/) - Among the most high-profile cases involving spoliation, you may have noticed a trend: Japanese companies do not have a stellar track record when it comes to complying with U.S. e-Discovery rules. Some of the most prominent examples include: Takeda Pharmaceuticals, Ltd., on trial for the bladder cancer risks associated with its diabetes drug, Actos, faced - [The Changing Threat Posed by Recent Cyber Attacks](https://www.innovativedriven.com/blog/the-changing-threat-posed-by-recent-cyber-attacks/) - The last 18 months have been a bonanza for cyber criminals. In January, 2014 Target announced that personal information had been stolen from over 110 million accounts; over 83 million accounts at JP Morgan were hacked in August and in September Home Depot acknowledged that 56 million customer accounts were accessed when its payment system - [Mind the Gap? Bridging the Divide between Legal Education and Practice-Ready Skills](https://www.innovativedriven.com/blog/mind-the-gap-bridging-the-divide-between-legal-education-and-practice-ready-skills/) - Many new attorneys come out of law school today with very little knowledge of e-Discovery other than the fact that ESI exists and is discoverable. Only about one-third of ABA accredited law schools today offer a dedicated course in e-Discovery. With the significant percentage that document review can take up in the billable hours of - [Instead of Asking, “How Long Should We Retain Email?”, Ask This Question Instead](https://www.innovativedriven.com/blog/instead-of-asking-how-long-should-we-retain-email-ask-this-question-instead/) - A question that we often hear is, "What should the retention policy be for my email?" Our response is always the same: “It depends.” There is no one-size-fits-all solution for how long an organization should retain its email because every organization is different, even though email is structurally the same. Generally, though, email is a - [Driven, Inc. Acquires Staffing Provider Update Legal](https://www.innovativedriven.com/blog/driven-inc-acquires-staffing-provider-update-legal/) - Falls Church, VA – Driven, Inc., an end-to-end eDiscovery and data management solutions provider, is proud to announce the acquisition of Update Legal, a legal staffing company founded in 1970. The combined company will now be able to offer law firms and corporate counsel one provider for software, services, consulting and staffing across the data - [Prep For Success: A Roadmap For Passing Relativity Certification Exams](https://www.innovativedriven.com/blog/prep-for-success-a-roadmap-for-passing-relativity-certification-exams/) - I recently sat for and passed the Relativity Certified Administrator exam. Getting the exam results was a huge relief, as you can imagine. I attribute the results to my general working knowledge of Relativity and method of attack when studying for the exam. While everyone has their own study preferences, I’m sharing the steps I - [How to Save Time Pinpointing Data in Slack ](https://www.innovativedriven.com/blog/how-to-save-time-pinpointing-data-in-slack/) - By: Billy Ecclestson, VP of eDiscovery Services Slack is a popular communication tool used by many businesses and organizations to facilitate collaboration and communication among team members. With the vast amount of data that is generated in Slack, it can be challenging to pinpoint specific data when needed, especially during litigation. However, with the ability - [Outsourcing eDiscovery and Forensics Work: Benefits for Non-Technical Professionals](https://www.innovativedriven.com/blog/outsourcing-ediscovery-and-forensics-work-benefits-for-non-technical-professionals/) - By: Tim Kiefer, Forensics Manager As a non-technical professional, you may have found yourself in a position where you are responsible for managing the discovery and preservation of electronically stored information (ESI) in litigation but lack the technical expertise to do so in-house. While it is possible to learn the technical aspects of forensics, it - [Lessons Learned for 2023: Spotlighting Five Key eDiscovery Trends from 2022](https://www.innovativedriven.com/blog/lessons-learned-for-2023-spotlighting-five-key-ediscovery-trends-from-2022/) - With the New Year upon us, it is worth looking back at some of the top eDiscovery cases and trends from 2022 and exploring the lessons they offer going forward in 2023. 1. Proactive Information Governance Leads to Better Results in eDiscovery Cases: In re Pork Antitrust Litig., No. 18-CV-1776 (JRT/HB), 2022 WL 972401 (D. - [4 Ways to Implement Privacy as a Service: You Don’t Have to Do It Alone](https://www.innovativedriven.com/blog/4-ways-to-implement-privacy-as-a-service-you-dont-have-to-do-it-alone/) - Did you know you can operationalize your privacy policies without extra training, staff, or headaches? The onslaught of privacy regulation has been relentless, both internationally and in the United States. Due to the absence of a national privacy law, individual states have been passing laws that will go into effect in 2023: the California Privacy - [Ephemeral Messaging - Understanding Key Preservation Issues in Civil Litigation](https://www.innovativedriven.com/blog/ephemeral-messaging-understanding-key-preservation-issues-in-civil-litigation/) - Consider the following scenario. You are presiding over a business litigation dispute where a representative for one of the parties regularly communicates by text message with counsel. Counsel has repeatedly advised the client representative (“client”) to stop sending messages and stick to email for written communications. The client—a younger lawyer and counsel’s primary in-house contact—is - [Top 5 Litigation Roadblocks in M365](https://www.innovativedriven.com/blog/top-5-litigation-roadblocks-in-m365/) - When talking with our customers about discovery, specifically Microsoft Office 365 (M365), it becomes apparent that the rush to M365 during the pandemic introduced new speed bumps and roadblocks into their processes. Most organizations are unaware of the constraints of the M365 ecosystem and the major issues that can arise when doing discovery activities. Many - [How to remediate a rushed M365 Implementation Post Pandemic](https://www.innovativedriven.com/blog/how-to-remediate-a-rushed-m365-implementation-post-pandemic/) - During the unprecedented global pandemic that hit the world in early 2020, companies had to almost immediately shift from office-based work to remote work environments. During this time, most companies deployed Microsoft 365 platforms with licenses that included a robust array of collaborative tools geared toward productivity for remote workers. “In 2020, there were 95 - [Privacy Beyond Regulatory Compliance](https://www.innovativedriven.com/blog/privacy-beyond-regulatory-compliance/) - Three trends apply pressure to today’s privacy programs: Increased consumer awareness Regulatory landscape becoming more complex Data & technology landscape is evolving Increased customer awareness As a customer, who doesn’t seem concerned about privacy today? Maybe it’s due to the frequency of data breaches headlining the news, or perhaps it’s the fact that many customers - [How to Build a Sound Data Security Plan: 5 Key Principles](https://www.innovativedriven.com/blog/how-to-build-a-sound-data-security-plan-5-key-principles/) - Most organizations keep sensitive personal data such as names, Social Security numbers, credit card, or other account data in unstructured data sources -- considered by many the least protected data sources in an organization. This sensitive personal data is often necessary to fill orders, meet payroll, or perform other business functions. However, if sensitive data - [Understanding the Importance of a Structured Data Agreement in eDiscovery](https://www.innovativedriven.com/blog/structured-data-agreement-in-ediscovery/) - A structured data agreement is a type of contract that formalizes the relationship between the parties involved in an eDiscovery process. It has three main purposes: to outline how data should be collected, processed, and preserved; it defines the time frames for disclosure and production as well as address any other issues related to eDiscovery. - [Info Gov 101: What is Information Governance & Why it is Critical for Your Organization?](https://www.innovativedriven.com/blog/what-is-information-governance/) - Information governance (IG) is a framework for managing data by establishing policies & procedures for how information is created, stored, used, valued and deleted. It encompasses the policies, standards, processes, metrics, and roles guiding the efficient and effective use of information for your organization to realize its objectives. An important goal of information governance is - [Design Thinking for Automation: Five Steps to Organizational Benefits](https://www.innovativedriven.com/blog/design-thinking-for-automation-five-steps-to-organizational-benefits/) - The principles of design thinking are perfectly poised to solve business problems because its tenants involve more collaboration around specific issues users encounter. In a recent webinar covering the business benefits of design thinking, Automation Expert Mike Prentice discussed the ways in which design thinking principles yield successful business results. “This solution has a proven - [Accelerate Your Business Performance with IBM Cloud Pak for Automation](https://www.innovativedriven.com/blog/accelerate-your-business-performance-with-ibm-cloud-pak-for-automation/) - Business cycles can be hampered by many things like innovative disruption, regulatory changes, and competitive forces. The constant need for technology innovation is driven by: evolving customer markets supply chain challenges shifting customer demands growing move toward remote employees IBM Cloud Pak for Business Automation is software designed to help solve these critical operational challenges. - [The Intersection of Information Governance and Privacy Compliance](https://www.innovativedriven.com/blog/the-intersection-of-information-governance-and-privacy-compliance/) - Information governance is a framework for managing data by establishing policies and procedures for how information is created, stored, used, valued, and deleted. IG policies and procedures determine the overall performance and direction of an organization’s content strategy. Because content and data sources increase exponentially, organizations must be motivated to focus more attention and resources - [Capture Content Data With Ease Using IBM’s Automation Document Processing](https://www.innovativedriven.com/blog/capture-content-data-with-ease-using-ibms-automation-document-processing/) - Capture Content Data with Ease Using IBM’s Automation Document Processing The IBM Automation Document Processing (ADP) system is a new solution that combines Artificial Intelligence (AI) with low-code tooling to help customers eliminate manual document processing. It does so by learning how to classify documents more accurately, so it extracts better information, said Daniel Ouimet, - [U.S. Bill Aims to Punish Firms and Individuals for American IP Theft](https://www.innovativedriven.com/blog/u-s-bill-aims-to-punish-firms-and-individuals-for-american-ip-theft/) - The U.S. is one of the wealthiest countries in the world and the greatest producer of intellectual property according to the National Crime Prevention Council. American organizations, artists, and entrepreneurs produce consumer goods, entertainment, business systems, health care and, software products, to name a few, that are the envy of the world. The U.S. Chamber - [A Customer Journey to Cloud and Container Platforms](https://www.innovativedriven.com/blog/a-customer-journey-to-cloud-and-container-platforms/) - Many organizations are moving to cloud and are using this solution to modernize their Java applications. And IBM has a new suite of products to reflect the technology shift. "All new IBM technology is being built container-first," said IBM Engineer Kevin Trinh in a recent webinar. "Staying on track with your business will mean a - [Operational Resilience Through Workflow Automation](https://www.innovativedriven.com/blog/operational-resilience-through-workflow-automation/) - In a recent webinar about IBM’s Cloud Pak for Workflow Automation, industry experts referred to the post-pandemic business landscape as the “new normal” – one in which disruption is the rule for which businesses should be prepared. “The main theme we anticipate for the future is a drive toward operational resilience,” said IBM Director of - [Process FOIA Requests More Efficiently](https://www.innovativedriven.com/blog/process-foia-requests-more-efficiently-with-ediscovery/) - Processing a Freedom of Information Act request is a complex and time-consuming task. Federal agencies struggle to keep up with the workload, and the lack of adequate technology often holds them back. As the number of requests and the amount of information to search increase every year, better techniques are necessary. An agency receiving a - [The Benefits of Government Agencies Moving to the Cloud](https://www.innovativedriven.com/blog/the-benefits-of-government-agencies-moving-to-the-cloud/) - Nearly 10 years ago, the U.S. government launched the Federal Risk and Authorization Management Program (FedRAMP) to promote and standardize the adoption of secure cloud services by federal agencies. The idea was to streamline and provide consistency in the adoption and assessment of cloud technologies while safeguarding federal information and driving innovation in the industry. - [The first 24 hours: data breach checklist](https://www.innovativedriven.com/blog/the-first-24-hours-data-breach-checklist-for-legal-and-compliance/) - Every 11 seconds this year, a business will experience a ransomware attack, according to a projection by Cybersecurity Ventures. Back in 2016, the frequency was about every 40 seconds. Cyberattacks were burgeoning even before COVID-19. The surge in remote work during the pandemic has only opened up more cybersecurity vulnerabilities and increased opportunities for hackers. - [So, You Want to Control Litigation Spend? – Try the Combo of Analytics and Managed Review Services](https://www.innovativedriven.com/blog/so-you-want-to-control-litigation-spend-try-the-combo-of-analytics-and-managed-review-services/) - By: Cathy Fetgatter, SVP, Analytics & Managed Review I recently chatted with two very dynamic and respected associate general counsels to dig into how law departments are using analytics and managed review to control and optimize legal spend. Here are some highlights from my conversation with eBay’s Bob Tronnes, Associate General Counsel, Head of Americas - [Unlocking eDiscovery’s Hidden Compliance Powers](https://www.innovativedriven.com/blog/a-guide-to-managing-compliance/) - In the two years since General Data Protection Regulation (GDPR) came into effect, over 100 privacy laws have been introduced around the globe. Here in the US, the California Consumer Protection Act (CCPA), came into full effect in January 2020. Maryland, Nevada, Massachusetts, and Rhode Island also passed privacy legislation with at least eleven other - [Six Ways You Can Reduce Risk in a Transition to the Cloud](https://www.innovativedriven.com/blog/six-ways-you-can-reduce-risk-in-a-transition-to-the-cloud/) - By: Bryan Campbell, Chief Operations Officer Moving data services to the cloud is a smart decision for many firms and organizations. It takes away most of the burden of IT management and puts full-time experts in charge of managing systems, upgrading software, and protecting security. Any transition requires careful planning to minimize risks, though, and - [Data maps are important, but what makes for a good one?](https://www.innovativedriven.com/blog/we-know-data-maps-are-important-but-what-makes-a-good-data-map/) - In a previous blog post, I discussed the importance of having a data map to effectively protect sensitive information. During my research, I discovered that only 54% of companies know where all of their sensitive data is stored, and I would argue that number is probably much lower. In my experience, even the companies that - [Identifying Trade Secrets: a managed review case study.](https://www.innovativedriven.com/blog/identifying-trade-secrets-a-managed-review-case-study/) - The Situation A developer of pharmaceutical products contacted Innovative Driven (ID) to help identify potential trade secret information on a former employee’s laptop in order to remediate the proprietary information. The Solution ID consulted on and implemented an analytics-based process that would significantly reduce the number of documents needing review. This workflow was comprised of - [Countdown to CCPA: How to Prepare ](https://www.innovativedriven.com/blog/countdown-to-ccpa-how-to-prepare/) - December 19, 2019 The California Consumer Privacy Act (CCPA) – one of the most comprehensive data privacy laws in the United States - gives consumers more transparency and control over how their online personal information is used. Effective Jan. 1, 2020, the law will protect about $12 billion worth of personal information used for advertising in California - [Leveraging Previously Reviewed Documents](https://www.innovativedriven.com/blog/leveraging-previously-reviewed-documents/) - The Situation The client needed to review 150,112 documents for responsiveness and privilege with limited resources available and a ten-day deadline. Due to the time constraint, the client could not conduct the multiple training rounds necessary to reach peak accuracy and a small portion of the review universe had been previously reviewed under a different - [How to avoid a “touchless hack”](https://www.innovativedriven.com/blog/how-to-avoid-a-touchless-hack/) - December 12, 2019 Becoming a successful hacker might depend more on a person’s knowledge of psychology than on their expertise in information technology, according to cybersecurity experts. A hack doesn’t necessarily require manipulation of a company or organization’s network connections or systems. It’s often accomplished with clever social engineering, or more simply, deception. Social engineering - [eDiscovery: 2019 trends in Review](https://www.innovativedriven.com/blog/ediscovery-2019-trends-in-review/) - Dec. 26, 2019 For the electronic discovery industry, 2019 was characterized by continued growth and demand for its ever-evolving technology, company mergers, new, challenging privacy laws; and a leading role in some of the country's biggest political news. Ediscovery is important in cases of litigation during legal proceedings, it can help a case or prove - [ID Expert to Speak at Women in eDiscovery SoCal Tech Conference](https://www.innovativedriven.com/blog/id-expert-to-speak-at-women-in-ediscovery-socal-tech-conference/) - [Arlington, VA, October 1, 2019] - Innovative Driven (ID) a trusted partner for law firms, corporations, and government agencies throughout the information lifecycle, is proud to announce that Cathy Fetgatter, Senior Vice President, Analytics & Managed Review Services at ID, is speaking on a panel, “Managing Pre-Litigation Investigations” at Women in eDiscovery’s (WiE) 2019 SoCal Tech Conference on October 5, 2019 - [Maintaining Network Security During the Holiday Shopping Season](https://www.innovativedriven.com/blog/maintaining-network-security-during-the-holiday-shopping-season/) - December 2, 2019 No matter how many employees you have, it's likely that some of them will be shopping during the Black Friday/Cyber Monday holiday. As sales start to creep up earlier every year, some of this shopping will probably be done on company time and on company computers. Every company needs to set limits - [Innovative Driven completes 2019-2020 FedRAMP reauthorization](https://www.innovativedriven.com/blog/innovative-discovery-completes-2019-2020-fedramp-reauthorization/) - Innovative Driven, LLC, provider of technology focused eDiscovery solutions, announces completion of the annual audit for the FedRAMP moderate Cloud Service Provider reauthorization for 2019-2020. Leveraging the power and flexibility of a secure and streamlined Relativity® private cloud infrastructure, Innovative Driven provides U.S. government agencies with vetted, reliable, and scalable eDiscovery services, but not limited - [Digital Assistants: Friend or Foe](https://www.innovativedriven.com/blog/digital-assistants-friend-or-foe/) - Voice-activated digital assistants can seem like a dream come true for sole proprietors and small businesses. Found in smartphones and stand-alone smart speakers, they can perform tasks such as scheduling appointments and sending email and text messages to a client or customer. The tasks can be performed without the expense of paying wages to a ## Pages - [Home](https://www.innovativedriven.com/) - Trusted by AM Law 200, Fortune 500, and government agencies. We provide solutions across the litigation lifecycle. 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It's time to consider migrating to Microsoft 365 (M365) and save money along the way! The traditional archive - [Antitrust Series: Second Requests](https://www.innovativedriven.com/events/antitrust-series-second-requets/) - 30-minute panel with attorneys Lauren Battaglia (Hogan Lovells), Matthew C. Hans (Polsinelli), and Doug Jasinski (White & Case) insights into the Hart-Scott-Rodino guidelines, anticipated changes in 2024, the effects of mergers and acquisitions on corporate entities, perspectives on the current administration, and forward-looking considerations in anticipation of a new administrative landscape. Panelists - [Antitrust and Second Requests CLE Webinar](https://www.innovativedriven.com/events/antitrust-and-second-requests-cle-webinar/) - [Considerations for eDiscovery Experts and Neutrals](https://www.innovativedriven.com/events/considerations-for-ediscovery-experts-and-neutrals/) - The complexities of eDiscovery may require parties to secure expert testimony to offer evidentiary support of eDiscovery-related motions or to serve as a 30(b)(6) witness. In addition, an eDiscovery expert can serve as a court-appointed neutral to assist in addressing and resolving specific technical and process issues related to eDiscovery conflicts. This program provides an - [Negotiating TAR Protocols](https://www.innovativedriven.com/events/negotiating-tar-protocols/) - Technology Assisted Review (“TAR”) is an efficient option for limiting the amount of document review in discovery. However, some parties are reluctant to use TAR because negotiating TAR protocols with an opposing side can be challenging. Join our panel in a deep dive of TAR Protocols, to include Hon. Allison Goddard of the Southern District - [Ephemeral Messaging: Addressing eDiscovery Risks in Civil Litigation](https://www.innovativedriven.com/events/ephemeral-messaging-addressing-ediscovery-risks-in-civil-litigation/) - Ephemeral messaging is a dynamic messaging technology that presents users with a mix of attractive benefits and troubling risks. For enterprises seeking to bolster their information governance processes, ephemeral messaging can help satisfy data protection laws and enhance information security protocols. And yet, ephemeral messaging can facilitate nefarious conduct and allow individuals and companies to - [Discovery and Evidentiary Issues with Emojis](https://www.innovativedriven.com/events/discovery-and-evidentiary-issues-with-emojis/) - Emojis are an important aspect of everyday communication in 2022. Given their ubiquity, there should be little surprise that emojis have become a source of admissible evidence in civil and criminal cases and provide context and clarity on disputed issues. While they certainly won’t be critical in every action, counsel should be aware of key - [eDiscovery Challenges with Workplace Collaboration Tools - Public Sector](https://www.innovativedriven.com/events/ediscovery-challenges-with-workplace-collaboration-tools-public-sector/) - Workplace collaboration tools like Microsoft 365, Slack, and Google Workspace present several complex eDiscovery challenges for eDiscovery practitioners from government regulators and agencies. From issues with retention settings and account types to embedded document links and export formats, collection and production difficulties abound. Fold in conflicting court decisions and it becomes readily apparent why workplace - [eDiscovery 2022: Year in Review](https://www.innovativedriven.com/events/ediscovery-2022-year-in-review/) - The case law on electronic discovery throughout the U.S. continues to evolve and proliferate. 2022 saw significant developments regarding any number of key eDiscovery issues including cross-border discovery, proportionality, self-collection, possession custody or control, discovery sanctions, and. In this program, a panel of experts will explore various decisions on these and other issues from 2022 - [Master Your Records: Optimize Content Management with M365 Records Management](https://www.innovativedriven.com/events/master-your-records-optimize-content-management-with-m365-records-management/) - Are you struggling to manage your content in Microsoft 365 (M365)? Do you find it difficult to maintain compliance and ensure proper retention and disposition of your records? If so, you're not alone. With the volume of digital content growing every day, it can be challenging to keep track of all your records and maintain - [An Introduction to Information Governance](https://www.innovativedriven.com/events/an-introduction-to-information-governance/) - The exponential proliferation of information has created legal risks, security threats, and logistical challenges for organizations. This program examines how the implementation of an information governance program or framework can support the organization’s control over its information assets, reduce its risks, liabilities, and expenses stemming from having too much ungoverned information. Topics of discussion in - [eDiscovery Challenges with Workplace Collaboration Tools](https://www.innovativedriven.com/events/ediscovery-challenges-with-workplace-collaboration-tools/) - Workplace collaboration tools like Microsoft 365, Slack, and Google Workspace present several complex eDiscovery challenges for eDiscovery practitioners. From issues with retention settings and account types to embedded document links and export formats, collection and production difficulties abound. Fold in conflicting court decisions and it becomes readily apparent why workplace collaboration tools present unique discovery - [Shield Your Assets: Unleash the Power of M365 Purview for Robust Data Protection](https://www.innovativedriven.com/events/shield-your-assets-unleash-the-power-of-m365-purview-for-robust-data-protection/) - In today's world, protecting your organization's sensitive data is more important than ever. With an increasing number of cyberattacks and data breaches, it's essential to have effective tools and strategies in place to safeguard your data. That's where proper preparation and Microsoft 365 (M365) Purview Information Protection come in. Join the first of a three-part - [Ethical Considerations for Handling Document Reviews in eDiscovery](https://www.innovativedriven.com/events/ethical-considerations-for-handling-document-reviews-in-ediscovery/) - Washington, DC - [eDiscovery Lessons from the Mueller Report](https://www.innovativedriven.com/events/ediscovery-lessons-from-the-mueller-report/) - The much-anticipated Report on the Investigation into Russian Interference in the 2016 Presidential Election of Special Counsel Robert S. Mueller, III, a/k/a the “Mueller Report,” was released on April 18, 2019. Volume I of the Mueller Report addresses numerous evidentiary and legal ethics issues identified by the Office of Special Counsel during its investigation. This - [The California Consumer Privacy Act (CCPA)](https://www.innovativedriven.com/events/the-california-consumer-privacy-act/) - The California Consumer Privacy Act (CCPA) regulates businesses across industry verticals both in and beyond California that handle personal information belonging to California consumers. The CCPA is a game-changer for affected companies in terms of safeguarding consumer privacy, implementing data security measures, and assessing information retention initiatives. This program will provide an overview of key - [The Law on ESI Spoliation Sanctions](https://www.innovativedriven.com/events/the-law-on-esi-spoliation-sanctions/) - WebinarPost Unfortunately due to varying requirements among State by State CLE approval authorities for prerecorded material, we are not able to offer CLE credit for recorded webinars. We can only offer CLE credit for the live sessions. The Law on ESI Spoliation Sanctions Federal Rule of Civil Procedure 37(e) was revised in 2015 to provide - [Ephemeral Messaging: Balancing the Benefits and Risks](https://www.innovativedriven.com/events/ephemeral-messaging-balancing-the-benefits-and-risks/) - Ephemeral messaging is a dynamic technology that offers its users tremendous potential, but is also rife with risks. For some organizations, ephemeral messaging provides an opportunity to bolster their information governance processes, satisfy cross-border data protection laws, and meet domestic privacy requirements. Other enterprises see risks with using ephemeral messaging such as not preserving relevant - [The Art of the Litigation Hold](https://www.innovativedriven.com/events/art-of-the-litigation-hold/) - Most lawyers know that relevant evidence must be preserved for litigation, but surprisingly few have implemented an effective litigation hold process. Without a workable approach to litigation holds, the entire discovery process is subject to collapse, leaving organizations vulnerable to data loss and court sanctions. To reverse this trend, lawyers must spearhead among their clients - [Hot Topics in Infogov and eDiscovery](https://www.innovativedriven.com/events/hot-topics-in-infogov-and-ediscovery/) - 2020 has already ushered in a number of key developments of which clients and counsel should be aware in the areas of Information Governance, discovery, cybersecurity and data protection. These developments include key practice and caselaw developments related to instant messaging and enterprise collaboration platforms, discovery management in the time of Covid, technology-assisted review (TAR), - [Information Governance](https://www.innovativedriven.com/events/information-governance/) - Ungoverned, unorganized “dark” data creates an undue risk to organizations’ ability to fulfill their legal, regulatory compliance, and business requirements. It creates inefficiency, complicates the protection of sensitive data, and leads to unreasonable legal risks and resulting expenses. This program provides insights on these issues and spotlights why companies should dedicate resources to mapping their - [Navigating, Innovating, and Litigating Through the COVID-19 Global Pandemic](https://www.innovativedriven.com/events/navigating-innovating-and-litigating-through-the-covid-19-global-pandemic/) - These are unchartered, unprecedented times where COVID-19 remains a national public health as well as a social and economic crisis. Litigants as well as courts (state & federal) continue to balance the various interests implicated by the public health emergencies and guidance for business and for court operations, including the resumption of in-court proceedings, as - [Cross-Border Data Protection](https://www.innovativedriven.com/events/cross-border-data-protection/) - Laws providing data protection and privacy safeguards are proliferating around the globe. From the General Data Protection Regulation (GDPR) in Europe to the Telecommunication Regulations in China, data protection and privacy laws are increasingly affecting cross-border transfers of information. Throw in the soon to be enacted California Consumer Protection Act and it is easy to - [eDiscovery from Workplace Collaboration Tools](https://www.innovativedriven.com/events/webinar-ediscovery-from-workplace-collaboration-tools/) - Workplace collaboration tools like Slack and Microsoft Teams present several complex eDiscovery challenges for clients and counsel. From issues with account types and retention settings to export formats and encryption, collection and production difficulties abound. Fold in conflicting court decisions on the issues and it becomes readily apparent why workplace collaboration tools present unique discovery - [ESI Protocols](https://www.innovativedriven.com/events/2020-esi-protocols-webinar/) - Stipulated ESI protocols are often key to a successful eDiscovery process. When ESI protocols are used to their full extent, they frequently help litigants proactively avoid disputes, reduce costs, and conduct early case assessments. This program spotlights strategies to develop ESI protocols that can enable more efficient discovery practices. - [Guidelines for Using Technology-Assisted Review](https://www.innovativedriven.com/events/2020-guidelines-for-using-technology-assisted-review/) - Guidelines for Using Technology-Assisted Review Questions regarding the use of technology-assisted review (TAR) in discovery generally focus on whether TAR will be user-friendly for the responding party and how its use will be perceived by the requesting party. From workflow transparency and seed set disclosure to proportionality and cost shifting, courts are providing guidance on - [Electronic Discovery 2020 Case Law Review](https://www.innovativedriven.com/events/electronic-discovery-2020-case-law-review-webinar/) - The case law on electronic discovery in the U.S. Federal Courts continues to evolve, and—despite the pandemic—2020 was a banner year for new opinions on a myriad of eDiscovery-related topics. This program explores several recent developments in the interpretation and application of the 2015 amendments to the Federal Rules of Civil Procedure, including examining how - [Safeguarding the Attorney-Client Privilege in Discovery](https://www.innovativedriven.com/events/webinar-safeguarding-the-attorney-client-privilege-in-discovery/) - The attorney-client privilege is one of the most important legal traditions in the United States. And yet, safeguarding privileged information has become particularly challenging given the massive amounts of electronic data now existing in most corporate electronic information systems. Given the sheer volume of potentially relevant information, it is often difficult to identify privileged communications - [Considerations for Using Special Masters in eDiscovery](https://www.innovativedriven.com/events/webinar-considerations-for-using-special-masters-in-ediscovery/) - Courts are turning with growing frequency to special masters as they confront increasingly complex eDiscovery scenarios. When properly selected and used in appropriate matters, special masters with eDiscovery expertise can help courts and parties prioritize issues for determination and streamline resolution of disputes in a cost-effective manner. This program provides an overview of the issues - [Cloud Applications and Mobile Devices - Legal and Risk Management](https://www.innovativedriven.com/events/webinar-cloud-applications-and-mobile-devices-legal-and-risk-management/) - The challenges associated with employee use of smartphones, tablets, and personal cloud applications such as Dropbox and Google Drive have been splashed across the headlines. Given the critical role of cloud and mobile functionality in business, few if any clients will likely ever be free from such challenges. However, there are steps that lawyers can - [Data Security For Lawyers](https://www.innovativedriven.com/events/webinar-data-security-for-lawyers/) - Organizations are increasingly under siege from a variety of cyber-threats ranging from malicious insiders and cyber criminals to lax internal protocols and laptops on the move. The resulting privacy and data breaches raise potential harm to clients and expose lawyers to liability for failure to meet minimum standards. This program focuses on providing lawyers and - [Defensible Preservation of Relevant ESI](https://www.innovativedriven.com/events/webinar-defensible-preservation-of-relevant-esi/) - Most lawyers know that relevant electronically stored information (ESI) must be preserved for litigation, but surprisingly few have implemented a defensible preservation process. Without a defensible process for preserving relevant ESI, the entire discovery process is subject to collapse, leaving organizations vulnerable to data loss and court sanctions. This program reviews requirements for preserving relevant - [New Trends for Second Requests in the Biden Administration](https://www.innovativedriven.com/events/webinar-new-trends-for-second-requests-in-the-biden-administration/) - In the first months of the Biden administration, a clearer picture is coming into focus of what the next few years may bring for Second Request enforcement by the Department of Justice and Federal Trade Commission. As the agencies continue to increase antitrust scrutiny in certain industries and adjust their legal analysis, Congress is also - [Hot Topics in eDiscovery - 2021](https://www.innovativedriven.com/events/webinar-hot-topics-in-ediscovery-2021/) - 2021 has already ushered in a number of eDiscovery developments that clients and counsel should be aware of. These developments include new trends regarding the increasing incidence of court-ordered forensic exams, whether privilege log deficiencies truly merit in camera review, and counsel’s ethical obligation to disclose client spoliation events. This program will cover cases addressing - [Protecting Privilege and Work Product in the Age of eDiscovery](https://www.innovativedriven.com/events/webinar-protecting-privilege-and-work-product-in-the-age-of-ediscovery/) - The attorney-client privilege and the work product doctrine provide counsel and clients with the necessary protection, confidentiality, and seclusion to litigate matters without interference from litigation adversaries. Nevertheless, safeguarding privileged information and work product has become particularly challenging in the age of eDiscovery. This program explores a number of those challenges and provides recommended suggestions - [Ethical Considerations for Handling Document Reviews in eDiscovery](https://www.innovativedriven.com/events/webinar-ethical-considerations-for-handling-document-reviews-in-ediscovery/) - Reviewing documents in eDiscovery may seem as simple as a drive through the country. Nevertheless, the landscape is littered with ethical roadblocks and quagmires. From competence and supervision to confidentiality and conflicts, lawyers must address any number of ethical issues that permeate document reviews. This program will address these issues and offer practical guidance for - [2021 eDiscovery Trends in Proportionality, Rule 34 Responses, and Sanctions](https://www.innovativedriven.com/events/webinar-2021-ediscovery-trends-in-proportionality-rule-34-responses-and-sanctions/) - It has been six years now since rule makers enacted the last set of amendments to the Federal Rules of Civil Procedure and it’s fairly apparent those changes have impacted electronic discovery practice issues. In this program, a panel of experts will examine rules and practice areas that have been particularly impacted, discuss trends and - [Electronic Discovery 2021 Case Law Review](https://www.innovativedriven.com/events/webinar-electronic-discovery-2021-case-law-review/) - The case law on electronic discovery throughout the U.S. continues to evolve and proliferate. 2021 saw significant developments regarding any number of key eDiscovery issues including ephemeral messaging, technology-assisted review (TAR), privilege logging, sanctions, and cross-border discovery. In this program, a panel of experts will explore various decisions on these and other issues from 2021 - [Privacy & Cyber Security Primer for Legal Professionals](https://www.innovativedriven.com/events/privacy-cyber-security-primer-for-legal-professionals/) - Cleveland, Ohio ## Solutions - [eDiscovery & Litigation Support Subscriptions](https://www.innovativedriven.com/solution/ediscovery-subscriptions/) - [Second Requests](https://www.innovativedriven.com/solution/second-requests/) - [Specialized Recruiting](https://www.innovativedriven.com/solution/specialized-recruiting/) - Discovering talent in temporary, permanent, and temporary-to-permanent roles for law firms and corporations. - [Analytics & Managed Review Services](https://www.innovativedriven.com/solution/analytics-managed-review-services/) - Large complex reviews. Attorney review staffing. 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