In This Issue:
- Google’s Privilege Claim: A Cautionary Tale:
Winnie the Pooh feared the Heffalumps and Woozles that he believed inhabited the Hundred Acre Wood, although he never saw one. There are things that lurk in the woods of e-discovery that lawyers can’t see either… like the auto-save. Although unseen, some unfortunate lawyers for corporate giant Google recently felt its bite...
- Duty to Preserve: Third Parties:
The duty to preserve potentially relevant evidence arises in every lawsuit or government investigation. The scope of the duty, especially in e-discovery, has given rise to myriad opinions. Most litigants are familiar enough to know that when litigation arises or becomes reasonably foreseeable, the duty to preserve commences and they must identify and preserve sources of potentially relevant data in their possession. This is fine as far as it goes. However, litigants must also preserve data within their custody or control. Sometimes, the duty extends to data being held by third parties as discussed in a recent case...
- FOIA Requests for Electronic Records:
Freedom of Information Act coordinators have a difficult task nowadays given the exponential growth of electronic records. In order to ease the burden of responding to myriad requests for public records, FOIA coordinators should consider using the following practices used in civil litigation, which also must deal with large volumes of electronic records...
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