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Data Collection Data Retention Duty to Preserve

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Social Media Evidence Spoliation and Preservation

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There are few better cases that illustrate the risks of social media spoliation than Lester v. Allied Concrete Company....more

EDRM - Electronic Discovery Reference Model

Don’t Be Too Nice When You Send a Preservation Notice

I always advocate for civility and cooperation in e-discovery. But, it may be prudent to expressly threaten a lawsuit in a preservation notice.  It may also be cautious to avoid offering to settle a claim in that notice.  If...more

TransPerfect Legal

Ephemeral Messaging and the Duty to Preserve

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Short, often informal messages have become an increasingly prevalent form of business communication. Whether by sending a simple text message or using a communication application like WhatsApp, Slack, or MS Teams, employees...more

Reveal

7 Things to Look for When Selecting Legal Hold Software

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Corporate counsel often shoulder the burden of managing the entire Legal Hold process for their organization. That means on top of everything else, they must issue, execute and ensure compliance with required legal holds...more

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Why Legal Hold Technology Is More Than “Just Sending a Few Emails”

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When it comes to a pending litigation, the duty to preserve electronic data is clearly laid out in the Federal Rules of Civil Procedure (FRCP)... But when it comes to the actual process of letting custodians know they need...more

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Early case assessment for the cloud

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The concept of early case assessment (ECA) hasn’t changed with the times — the name of the game is still getting a clear, upfront picture of the issue at hand, as well as any liabilities or potential costs. But what has...more

Farrell Fritz, P.C.

Blink, And I’m Gone: E-Discovery Challenges And Considerations With Ephemeral Messaging

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There is an ever-increasing volume of data generated by businesses. In an effort to reduce storage costs and ameliorate privacy concerns, companies have embraced ephemeral, or self-destructing messaging. And, while...more

Hanzo

Ediscovery 101 For Collaboration: Why not just save everything, especially with Slack’s unlimited message retention?

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As the world embraces a more collaborative way of working and uses new applications like Slack to communicate with one another, there is a corollary impact on other areas of the business such as how does legal determine...more

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