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Robert Powell

Robert Powell has been the driving force behind the forensics, e-discovery defensibility, and compliance strategy of Digital WarRoom since inception in 2002. With over 20 years of field experience in global investigations and information security, Robert advises clients on FCPA, ITAR, SEC investigations, antitrust, and IP litigation. He speaks regularly on issues pertaining to risk management, budgeting, and best practices in e-discovery. Robert has guest lectured many times on topics of e-discovery and forensics at law schools throughout the United States, United Kingdom and Switzerland.

Recent Posts

What is Discovery in Criminal Law?

on Fri, Dec 01, 2023 By | Robert Powell | 0 Comments |
Discovery is a process in the criminal justice system that’s vital for ensuring fair cases. The primary goal of discovery is to prevent surprise and establish fairness by enabling both sides to access the same evidence and evaluate the strength of their cases. Specific rules and regulations that vary by jurisdiction govern this process.
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What is a Legal Hold: Litigation Holds 101

on Mon, Nov 20, 2023 By | Robert Powell | 0 Comments |
In the realm of litigation, the legal hold process plays a crucial role in preserving electronically stored information (ESI) that may be relevant to a lawsuit. By imposing a legal hold, also known as a litigation hold or preservation obligation, organizations ensure that potentially important data is retained and not altered or deleted.
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eDiscovery Triage - Exceptions, Unusual Files, & OCR

on Tue, Jun 29, 2021 By | Robert Powell | 0 Comments | Best Practices
What should you consider directly after processing? In order to become self sufficient in eDiscovery, you will have to accept the following facts. 1) Regardless of eDiscovery platform, not all documents can be opened. 2) Regardless of eDiscovery platform, not all documents can be indexed
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8 Crucial Tips To Improve Your Privilege Log Workflow

on Tue, Mar 03, 2020 By | Robert Powell | 0 Comments | Best Practices
Most attorneys representing businesses in litigation have experienced the excruciating burden of reviewing ESI - e-mails and electronically stored information - for privilege or work-product protection, and then having to create a privilege log, a laborious manual effort to build a list describing each document withheld for reasons of privilege. Counsel agonizes over the communications involving the client’s counsel and then the adequacy of the description of the withheld documents in the privilege log.
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Sample Electronic Discovery Document Production Request

on Wed, Apr 17, 2019 By | Robert Powell | 0 Comments | Best Practices
According to Rule 34 of the FRCP, a party in litigation may serve on any other party a request for production of relevant documents. This request must specify with reasonable particularity each item or category of new items to be inspected. The request may also specify the form in which ESI is to be produced. Although not technically required in the Federal Rules, the form of production is a crucial negotiating point to ensure that production load file and data from the opposing party can be processed and utilized effectively in your firm's eDiscovery tool. We often see "bad" data come in from the opposing party or a third party. If this occurs, you may need to pay for service hours of consultants and experts to fix the load files or identify the specific documents that are causing problems. In order to help you get ahead on potential issues with opposing party data, this blog provides a sample request which defines the form of production. Aside from this, you will also need to keep in mind other requirements in rule 34 and rule 26 which describe your requirements to discuss issues relating to: specificity, the eDiscovery process, timing, logistics regarding how the production will be delivered and how it can be accessed. Most importantly, we recommend working closely with the opposing party to identify these issues as early as possible. If you have any specific questions, consult your eDiscovery vendor (or leave us a message)!
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The content on this blog is not intended to be legal advice.

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