Donna Fisher on Electronically Stored Information

New Cases Bring Lessons on Video Surveillance Preservation

Video surveillance is ubiquitous today and often sought in connection with injuries or litigation. As a result, courts are increasingly presented with disputes relating to the preservation and production of surveillance...more

9/18/2020 / Adverse Inference Instructions , Destruction of Evidence , Discovery , Duty to Preserve , Electronically Stored Information , FRCP 37 , FRCP 37(e) , Sanctions , Spoliation , Video Recordings

What Is a 'Reasonably Useful Form' for Production of ESI?

In our digital world, one might think that the production format of electronically stored information, or ESI, in civil litigation is no longer controversial, but recent court decisions make it clear that is not the...more

3/13/2020 / Best Practices , Case Management , Discovery , Discovery Disputes , Document Productions , Electronically Stored Information , Federal Rules of Civil Procedure , FRCP 34 , Litigation Strategies , Motion to Compel

Spoliation Rule Remains Ambiguous Despite Amendments

Pursuant to Federal Rule of Civil Procedure 37(e)(2), imposition of the most severe sanctions for failure to preserve relevant electronically stored information — a presumption that the information lost was unfavorable, an...more

2/7/2020 / Adverse Inference Instructions , Destruction of Evidence , Discovery , Discovery Disputes , Duty to Preserve , Electronically Stored Information , Failure To Preserve , FRCP 37(e) , Sanctions , Spoliation

New Best Practices Under E-Discovery Spoliation Rule

As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on...more

12/2/2019 / Best Practices , Bodily Injury , Carnival Cruise Lines , Discovery , Document Productions , e-Discovery , Electronically Stored Information , Evidence , Federal Rules of Civil Procedure , FRCP 37(e) , Inherent Authority , Litigation Fees & Costs , Litigation Strategies , Medical Examinations , Motion for Sanctions , Negligence , Record Preservation , Spoliation

Evaluating Stand-Alone Privilege for Cybersecurity Info

With cybercrime on the rise, organizations have increasingly found themselves subject to litigation or regulatory investigations related to breaches. Documents and information created before breaches, such as security...more

9/19/2019 / Attorney-Client Privilege , Cyber Crimes , Cybersecurity , Data Breach , Discovery , Electronically Stored Information , Forensic Examination , Information Governance , Information Technology , Investigations , Litigation Strategies , Popular , Public Comment , Security Risk Assessments , Waivers , Work-Product Doctrine

How Courts Are Treating Cellphone Privacy in Discovery

Cellphones are an essential part of our daily lives, and our frequent usage has produced large amounts of personal data. It is unavoidable that some of this data — be it email, text message or even GPS location data — may be...more

6/11/2019 / Best Practices , Cell Phones , Consumer Privacy Rights , Data Privacy , Discovery , Electronically Stored Information , Evidence , Forensic Examination , Litigation Strategies , Personal Data

From Snaps to Tweets: The Craft of Social Media Discovery

Social media may contain a treasure trove of evidence bearing on claims in litigation, but parties must take care to tailor their discovery requests to information that is both relevant and proportional to the needs of the...more

2/27/2018 / Discovery , Electronically Stored Information , Evidence , Facebook , Instagram , Litigation Strategies , Social Media , Trial Preparation , Twitter

Donna Fisher

Troutman Pepper

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