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Email Electronic Communications Discovery

McGuireWoods LLP

The Surprising Danger of Including a Spouse on Email Communications

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Most lawyers know that state statutes or common law doctrines often protect communications between spouses – although there is wide variation in such approaches. But there is a lurking danger that all of us should keep in...more

BCLP

Navigating a Security Incident - Communication “Dos” and “Don’ts”

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Communication during a data breach is challenging in the best of circumstances, and control of information, especially early in a breach response, is critical. Below are some DOs and DON’Ts for communicating during a data...more

EDRM - Electronic Discovery Reference Model

June’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published June 18, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

Association of Certified E-Discovery...

Navigating Hyperlinks in eDiscovery: Lessons from the StubHub Refund Litigation

Introduction - Each week on the Case of the Week I choose a recent decision in ediscovery and talk to you about the practical applications of that case and what you need to be thinking about as you conduct discovery of ESI....more

EDRM - Electronic Discovery Reference Model

May’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published May 15, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

EDRM - Electronic Discovery Reference Model

Failure to Show “Intent to Deprive” Leads to Denial of Rule 37(e)(2) Sanctions

A motion for spoliation sanctions under Fed.R.Civ.P. 37(e) was denied in Boshea v. Compass Marketing, Inc., 2024 WL 811468 (D. Md. Feb. 27, 2024). The motion was argued and decided during trial. The suit by a former...more

Cozen O'Connor

This Director’s Emails Are Out of Control – Case Law Update

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A federal court recently addressed a party’s request for access to the personal email account of the opposing party’s Director of Operations — and found that the requesting party failed to meet its burden of establishing that...more

McGuireWoods LLP

Court Explains How Employee-to-Employee Emails Can Deserve Privilege Protection

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Because privilege logs necessarily contain logistical but not content-based information about withheld documents, adversaries sometimes challenge privilege protection because no lawyer sent or received a withheld document....more

Morris James LLP

Chancery Orders Production of Privileged Emails Transmitted Using Third-Party Accounts

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In re WeWork Litigation, Consol. C.A. No. 2020-0258-AGB (Del. Ch. Dec. 22, 2020) - This Court of Chancery discovery ruling illustrates the risks associated with directors and officers using non-company email accounts to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Provides Further Guidance on Demands to Inspect Electronic Communications

Recently, Delaware corporations faced with demands for books and records under 8 Del. C. § 220 have increasingly been forced to contend with demands for electronic communications, such as emails. Historically, the Delaware...more

Dechert LLP

Sweat the Small Stuff: Delaware Court of Chancery Faults Acquirer for Failing to Deliver Notice to Extend End Date

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The Delaware Court of Chancery has ruled that an acquirer and target company’s joint efforts to obtain antitrust approval for a merger did not substitute for, or satisfy, the merger agreement’s requirement to send written...more

Hanzo

[Webinar] Enterprise Slack: Stay Sane and Secure While Managing Your Ediscovery and Compliance Risk - January 10th, 1:30pm ET

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Slack is a widely adopted collaboration tool for enterprises around the globe that is taking over a fare share of email communications. Many corporations have their playbook all set for standard communications platforms like...more

Morris James LLP

Court of Chancery Addresses Discovery Obligations Regarding Text Messages

Morris James LLP on

In re Appraisal of Kate Spade Company, C.A. No. 2017-0714-AGB (Del. Ch. June 21, 2018) - The duty to collect and produce non-privileged relevant information extends beyond email to text messages and other forms of...more

Epiq

Three Steps to Avoid Legal Data Preservation Pitfalls

Epiq on

Electronic communication is the new normal in every walk of life, including the corporate world. Communicating on a mobile device anytime from anywhere has several positive attributes. While this is extremely appealing to...more

Amundsen Davis LLC

Practical Reminder: Personal Email Is Discoverable

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Last week, a federal judge presiding over a sex discrimination case ordered several members of management to search their personal email accounts and turn over all relevant information. The ruling serves as a reminder of the...more

Foley Hoag LLP - Global Business and Human...

Second Circuit Holds that the U.S. Government Can’t Order Microsoft to Disclose Customer Emails Stored in Ireland

In a case closely watched by privacy advocates, on July 14, the Second Circuit Court of Appeals held that the Stored Communications Act (“SCA”) does not authorize U.S. law enforcement authorities to order U.S.-based companies...more

BakerHostetler

Collusion Course: The Limits of Hot Documents

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Discovery in antitrust cases often involves a search for smoking-gun documents. Those documents can consist of emails proving that competitors conspired to raise prices, removing the difficulties faced by prosecutors or civil...more

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