Litigation Hold

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Reducing Your Company’s Exposure to Trade Secret Litigation when Key Employees Come and Go

THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...more

$800K Settlement Illustrates Unique Issues Raised In Title IX Litigation

Student-on-student sex-assault cases have recently taken center stage in the higher education arena. The last two months have seen legal developments in this area which aptly illustrate the seemingly Sisyphean task facing...more

Great E-Discovery Teams Include These 5 Roles

If I could give one piece of advice regarding e-discovery processes, cultivate a cross-functional team among Legal, IT e-Discovery and IT Forensics. These relationships are critical to your success and will ultimately make up...more

Take Steps Now to Prepare for eDiscovery to Save Money Later

eDiscovery lawyers like to say that a company’s first significant ediscovery matter will be their most expensive one. That’s because most companies don’t take the proactive steps that can minimize their exposure to ediscovery...more

ESI Discovery Best Practices, Part 6 – Now comes the bad news … potential consequences for inadequate preservation of ESI.

Over the past year, I have blogged about ESI rules and best practices for identification, preservation and collection of ESI. In this blog I want to focus on the potential consequences for inadequate efforts in any of these...more

Proper Litigation Hold Results in Denial of Sanctions (Oregon)

Grove City Veterinary Serv., LLC v. Charter Prac. Int'l, LLC, 2015 WL 4937393 (D. Or. Aug. 18, 2015) - In this breach of contract case, the plaintiffs filed a motion for sanctions in which they alleged that the defendant...more

Failure to Engage in Basic Litigation Hold Results in Sanction (California)

HM Electronics, Inc. v. R.F. Technologies, Inc., 2015 WL 4714908 (S.D. Cal. Aug. 7, 2015) - In this trademark infringement case, the plaintiff claimed that the defendants interfered with the plaintiff’s prospective...more

5 Tips for Quickly Identifying Responsive Data Sources for E-Discovery Collections

Working with IT or your service provider to collect/process from a variety of data sources, like email archives, file shares, legacy backup tapes, SharePoint, etc., can be a painful and complicated ordeal. You don’t...more

Two Reasons Why You Should Take Your Lit Support Manager to Lunch!

When we think about the people who are involved in the task of identifying, assessing, collecting, reviewing and producing data (we’ll call this “data management”), there’s someone from Legal, someone from IT who has an...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 4

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

Judiciary & In-House Legal Discuss the Necessary Skills to Stay Successful in Today's Competitive Legal Market

The train has left the station. The boat has left the dock. E-Discovery is not today’s new legal buzzword. E-Discovery should be as commonplace in the legal profession as the phrase ‘early case assessment’ or ‘due...more

Court Allows Adverse Inference Instruction for Failure to Preserve Text Messages

On July 22, 2015, the District Court of the Southern District of California granted in part a motion from Defendants to give an adverse inference instruction to a jury regarding text messages from employees that were not...more

Newest FDA Newsletter from AGG

Once a month, AGG’s terrific FDA team publishes a newsletter updating readers on the latest regulatory news affecting food/drug companies–including those from Ireland and Northern Ireland. The August newsletter is here and...more

California Ethics Committee Issues Opinion on Ethical Implications of eDiscovery

After over a year of consideration and an extended comment period, the State Bar of California Standing Committee on Professional Responsibility and Conduct recently issued an Opinion regarding the ethical obligations of...more

Getting a Handle on In-House E-Discovery Data Management

Many legal professionals are starting to embrace the notion that e-discovery is a business process, which can be measured, managed and optimized. The greatest progress is being seen with “left-side” e-discovery activities,...more

Spoliation: How to Stop Trouble from Brewing

When a business is faced with the potential for litigation, it is imperative that all evidence be preserved to avoid the dreaded “s” word: spoliation. Starbucks Corporation recently learned this lesson the hard way when a...more

Necessary Ingredients for Sound Legal Holds

Whenever e-discovery and healthcare litigation and investigations come up, you can almost always count on the topic to include a discussion of sanctions. That’s not an accident. There has been an uptick in both the volume of...more

Corporate Lawyers vs Federal Judges: Two Perspectives on Litigation Spending and E-Discovery Trends

When we released our Federal Judges Survey on E-Discovery Best Practices & Trends in February we weren’t quite sure what kind of response to expect. We knew the data was insightful (especially the judges’ view on the general...more

Creating a Consistent E-Discovery Preservation Hold Process

Exterro was founded with the simple vision that applying the concepts of process optimization and data science to the way companies respond to litigation would drive more successful outcomes at a lower cost. The process part...more

Important Implications for Merger Planning: Canadian Competition Tribunal Issues Decision on Interim Remedies and Use of Hold...

On June 3, 2015, the Canadian Competition Tribunal issued a decision requiring Parkland and Pioneer to hold separate six retail gas stations for the duration of the Commissioner of Competition’s challenge to their proposed...more

Do You Have an E-Discovery Case Management Checklist?

A simple checklist doesn't exactly scream innovative solution to a complex problem but that doesn't mean it doesn't work. In fact, project managers will tell you that a checklist can do wonders to take an inefficient process...more

Document Preservation: Know When to Hold ‘Em (and When to Fold ‘Em)

The cut-throat, high stakes environment of a nail-biting poker tournament is oddly similar to the world of document preservation in litigation, investigations and regulatory events. Though the former tends to take place in a...more

Court Allows Deposition of Computer Forensics Specialist to Aid in Discovery (Florida)

Procaps S.A. v. Patheon Inc., 2015 WL 1880346 (S.D. Fla. Apr. 24, 2015). The plaintiff failed to place a litigation hold on its documents which resulted in an inadequate search for responsive information in discovery....more

Ethical Obligations for Florida Attorneys: Advising Clients on Social Media - Rule 4-1.1 and Rule 4-3.4 Describe the Competency...

What ethical obligations does a Florida attorney have when advising a client to remove material from social media sites before litigation? Until recently, it was an open question; however, on Jan. 23, 2015, The Florida Bar’s...more

2014 E-Discovery Year in Review - "Courts continued in 2014 to endorse the use of technology to improve the efficiency and...

2014 demonstrated that management and discovery of electronic information continues to be a challenging issue in litigation. A review of 2014 court decisions also underscores the importance of litigation hold notices,...more

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