Video | Tips for Managing the Preservation of Mobile Device Data
Join us for the summer edition of Mitratech’s Corporate Legal Corner, a virtual event series and tech expo where legal professionals are invited to attend an expert-led panel discussion followed by solution-focused breakout...more
In one of the opening paragraphs of In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 1786293, at *1 (N.D. Cal. Feb. 20, 2024), the court wrote: At the hearing, the Court...more
No one else can “eclipse” our coverage of eDiscovery case law! Our April 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes related to relevance and privacy of an unpublished autobiography,...more
To better understand how technology continues to affect the legal industry, you just have to look at case law and the resulting court rulings, particularly in regards to eDiscovery and the Federal Rules of Civil Procedure...more
The discovery process is traditionally a reactive one, triggered by imminent litigation. This didn’t change when Electronically Stored Information (ESI) was included in that process in 2006. And when one looks at the EDRM...more
It’s almost a pop-culture cliche: someone is facing challenges and not getting immediate results, to which a more experienced person says, “Trust the process.” But often lurking deep in the origin of a cliche is a kernel...more
This fall, the team at Hanzo and the Association of E-Discovery Specialists (ACEDS) conducted a benchmark survey to learn how organizations were addressing what we broadly refer to as “collaboration data”—chat-based...more
In New York, it is widely recognized that the duty to preserve documents arises once a party “reasonably anticipates litigation” (see Voom HD Holdings LLC v EchoStar Satellite, 93 AD3d 33, 41-42 [1st Dept 2012]). And so,...more
Even when the need to preserve mobile data is clear, for clients who are not technical experts or who do not have technical experts on staff, how to go about actually preserving that data may not be so obvious. As legal...more
The small law firm is often left out of the eDiscovery conversation. Faced with choosing an enterprise tool, sticking with legacy eDiscovery software that is no longer being developed, or the old standby, manual processes, it...more
The world is moving from print toward electronically stored information (ESI), and the legal profession is no exception. Since ESI is discoverable, lawyers must understand the effects ESI can have on their discovery process....more
Employers have a duty to preserve information that is potentially relevant to anticipated or existing litigation and failure to comply with that duty can have dire consequences. As such, issuing a litigation hold should be at...more
Preserving Evidence: •“The duty to preserve evidence begins when litigation is ‘pending or reasonably foreseeable.’” Micron Tech., Inc. v. Rambus, Inc., 645 F.3d 1311, 1320 (Fed. Cir. 2011) •“It is, of course, not...more
When I started as a litigator in 2001, a technique I call “blind stonewalling” ruled discovery practice everywhere from BigLaw to the smallest boutiques. But the slow evolution of the Federal Rules of Civil Procedure (FRCP),...more
The fifth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney client privilege and work-product doctrine, spoliation, and discovery responses. ...more
While your organization may not regularly be involved in costly or complicated litigation, there is always the potential for this to arise. Additionally, you may work in an industry that is heavily regulated and subject to...more
After years of decisions, the issues surrounding the preservation of electronically stored information (ESI) seem almost old hat. It is well known that, upon notice of a claim or commencement of litigation, a party needs to...more
In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more
In the ISN case, the Petitioners filed a Petition for Appraisal, requesting that the Court make an independent valuation of the company under Section 262. In this Motion to Compel hearing, the Respondent called to the stand...more
•GHOST/MIRROR: Complete bit by bit copy of a drive. (Not just copying data; actually reproducing the hard drive.) •LEGACY: Information from older systems no longer actively supported and not easily accessible. ...more