Kuro Group

Modern data. You’ve probably been hearing about its complicated yet increasingly-significant role in eDiscovery. But as the technology we use to communicate evolves, the methods we use to collect this data need to keep up. We heard from technologists and attorneys on how to maintain forensic rigor while managing modern data types, allowing for the creation of a compelling and defensible case narrative that builds credibility and cohesiveness. Their Takeaways: 🔹Post-2020, short-form messaging and collaboration apps (Slack, Teams, WhatsApp, Signal, Telegram) surged, complicating preservation and production obligations. 🔹Interviews must deeply probe both custodians and IT, as different stakeholders often provide conflicting information. ▪️ Ex: Panelists described scenarios where custodians claimed all communication was captured via email, only later revealing critical conversations occurred over WhatsApp, creating costly discovery gaps. 🔹Devices default to limited message retention (e.g., iOS defaults can be set as short as 30 days), increasing spoliation risk. ▪️ Panelists recounted a case where a forensic expert documented previous retention settings to defend a client against accusations of intentional deletion. 🔹 Screenshots frequently omit critical metadata (dates, timestamps), and can easily be falsified. ▪️ Panelists noted cases where screenshots failed keyword searches due to glare, poor capture quality, or incomplete text. Websites like ifaketextmessage.com can create realistic fake text exchanges, demonstrating authenticity risks. 🔹 Virtual reality and mixed reality data present complex challenges involving spatial audio, biometrics (eye tracking, facial expressions), and multimodal metadata. ▪️ Ex: A recent Florida case (December 2024) involved defense attorney Ken Padowitz successfully introducing VR animations in court, allowing Judge Segal to experience a defendant’s perspective during a stand-your-ground case. 🔹Addressing new data types proactively (via information governance protocols and early ESI negotiations) is essential. ▪️ Certain jurisdictions (e.g., Northern District of Texas) now explicitly require disclosure of AI-generated materials in court filings. 🔹Early involvement of forensic experts, IT professionals, and knowledgeable attorneys mitigates discovery risks and streamlines data handling processes. ▪️ Ex: Vet collection methods thoroughly. In one scenario, devices were mistakenly collected from incorrect custodians due to a lack of proper forensic procedures. Sponsored by Holland & Knight LLP Speakers: Reed Randel, Holland & Knight Jerry Bui, Right Forensics Melissa Heidrick, mmData Sam Sessler, Norton Rose Fulbright #ModernData #eDiscovery #DigitalForensics #Dallas

What were the biggest takeaways from the "State of The Industry - Modern Data Management" panel at The Masters Conference Legal last month? On February 18, ModeOne's Matt Rasmussen joined fellow panelists Brittany Leonard, Richard Clark, and Alexander Lewis for a discussion on recent case law, emerging eDiscovery trends relating to mobile devices, social media, and corporate communication tools, and best practices in data management. If you couldn't attend the session or want to explore the discussion further, click below to discover more! https://lnkd.in/esepriCz #ediscovery #legaltech #datamanagement

What were the biggest takeaways from the "State of The Industry - Modern Data Management" panel at The Masters Conference Legal last month? On February 18, ModeOne's Matt Rasmussen joined fellow panelists Brittany Leonard, Richard Clark, and Alexander Lewis for a discussion on recent case law, emerging eDiscovery trends relating to mobile devices, social media, and corporate communication tools, and best practices in data management. If you couldn't attend the session or want to explore the discussion further, click below to discover more! https://lnkd.in/esepriCz #ediscovery #legaltech #datamanagement

My latest article on JD Supra discusses the increased need to consider mobile devices in your discovery, and that you need to consider them QUICKLY when litigation arises. Courts are holding parties accountable -- even when you're a government agency with limited resources, or an individual. But one of the cases discussed even notes that advising your client orally of their obligations to preserve mobile device data is NOT sufficient. That's a big change. Take a look and let me know your comments.

The rapid evolution of communication platforms, mobile data, and tracking technologies has made modern data a key issue in legal discovery. Last week, four panelists explored critical topics such as data retention policies, privacy concerns, and the expanding role of mobile devices in investigations in this session from Kuro Group and CloudNine.   Their Key Takeaways: 🔹 Mobile Data is Now Critical – The DOJ and FTC now mandate phone messaging in investigations. Texts and mobile metadata are central to discovery, requiring firms to adapt data retention and collection strategies. 🔹 Over-Retention Risks & Compliance – Companies struggle with balancing data preservation with privacy laws and compliance. Unnecessary data retention increases legal risks, while data deletion policies must align with regulatory obligations. 🔹 Geolocation & Metadata Challenges – Even with location services off, geolocation data can still be accessed via cell towers, photo metadata, or app tracking, complicating privacy compliance. 🔹 Social Media & Data Authentication – Social media data collection requires careful handling, as different collection methods—credentials, subpoenas, or public access—have varying effectiveness. Fabricated text messages and manipulated data further complicate discovery. 🔹 Technology, Policy & Training Integration – Companies must modernize eDiscovery processes, invest in authentication tools, and train employees on data discoverability to mitigate legal risks. This session reinforced the fact that modern legal discovery must adapt to ever-evolving data sources through proper policy, technology, and training in order to stay ahead. Speakers: Richard Clark Alexander Lewis Brittany Leonard Matt Rasmussen #ModernData #eDiscovery #DataRetention #Miami

The influx of modern data in eDiscovery is posing new challenges to legal professionals. This panel from Kuro Group and CloudNine will examine recent case law and emerging patterns shaping how this data is preserved, collected, and produced. From mobile devices to social media and corporate communication tools, staying on top of evolving trends is key to avoiding pitfalls during the discovery process. Limited seats remaining for Miami! Register here: https://lnkd.in/dKWip4Jc Hear from these experts: Brittany Leonard Richard Clark Alexander Lewis Matt Rasmussen #ModernData #eDiscovery #LegalTech #LegalConference