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Data Collection Data Retention Evidence

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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

Array

This Week in eDiscovery: Balancing Sufficient Discovery Against Over-Collection | AI-Generated Evidence

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of November 3-9. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

Cloud Attachments: Versions and Purview

[EDRM Editor’s Note: The opinions and positions are those of Craig Ball. This article is republished with permission and was first published on April 8, 2024.] Last week, I dug into Cloud Attachments to email, probing the...more

Association of Certified E-Discovery...

Public vs. Private ESI as Evidence Best Practices

In the evolving landscape of the legal industry, the management of electronically stored information (ESI) has become a focal point of discussion and strategy. With the digitization of records and communications, legal...more

Lighthouse

Exploring the Links Between Modern Attachments and Legal Precedent in Handling Them

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The modern business technology landscape has been drastically altered over just a few short years. With these changes, eDiscovery and legal professionals have had to scramble to deal with the downstream effects to...more

Association of Certified E-Discovery...

You’ll Want to Pay Attention to What the Colorado Supreme Court Just Did and its Future Impact on Privacy in Civil Discovery

[Editor’s Note: This article has been republished with permission. It was originally published November 2, 2023 on the eDiscovery Assistant Blog] In Episode 122, CEO and Founder of eDiscovery Assistant Kelly Twigger...more

EDRM - Electronic Discovery Reference Model

Spoliation Motions Denied as Untimely – Another Wake-Up Call

In CSX Transportation, Inc. v. Spiniello Global, Inc., 2023 WL 5515979 (D. Md. Aug. 25, 2023)(Bredar, C.J.), the Court denied spoliation motions, in part because they were filed too late. The plaintiff owned and operated...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

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What is ESI? A Lawyer’s Guide to Digital Records Management

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The International Data Corporation (IDC) estimates that by 2025, the world will have 175 zettabytes of digital data—which, if stored on DVDs, would create a stack tall enough to circle the earth 222 times. As organizations...more

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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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2021 eDiscovery Case Law Wrap-Up

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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

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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

Association of Certified E-Discovery...

[Webinar] ZyLAB Re-Invents Legal Hold Notification - November 17th, 1:00 pm - 2:00 pm ET

In 2003 Judge Shira Scheindlin wrote “once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a 'litigation hold' to ensure the preservation of...more

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“I’ve Downloaded the Recording, Now What?” 3 (More) Considerations Regarding Zoom and eDiscovery

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There are a lot of people in the legal-tech community talking about the discoverability of Zoom data these days, particularly as the move to a remote workforce continues in the wake of the COVID-19 pandemic. As far as...more

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