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Data Collection Electronically Stored Information Duty to Preserve

EDRM - Electronic Discovery Reference Model

Another Approach to Drafting and Discovery of Litigation Hold Notices

By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. In Homeland Ins. Co. of Del. v. Independent Health Ass’n., Inc., 2025...more

Pagefreezer

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

Discovery About Discovery – When Was Duty to Preserve Triggered?

In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court “allowed [defendants] Hillrom to take limited discovery about when [plaintiff] Linet’s duty to preserve may have...more

EDRM - Electronic Discovery Reference Model

January’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published January 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

EDRM - Electronic Discovery Reference Model

November’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published November 15, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

Association of Certified E-Discovery...

TechnoCat Tidbits: What Triggers Litigation Hold?

Today, we embark on a quest to unravel the triggers that ignite the legal hold process. It will be a wild ride as we navigate the realm of legal obligations and preservation. Or at least slightly more fascinating than one...more

Association of Certified E-Discovery...

Technocat Tidbits: What is a Legal Hold Notice?

Your friendly neighborhood Technocat is back to shed some light on the captivating topic of legal hold notices. (Riveting I know!) The legal hold process for Electronically Stored Information (ESI) is a crucial step in the...more

Association of Certified E-Discovery...

Technocat Tidbits: What is Litigation Hold?

Hey there, data detectives! It’s TechnoCat, Cat Casey, back with a critical concept that underpins the whole eDiscovery rollercoaster ride. I’m talking about the infamous ‘Legal Hold’. No, it’s not a wrestling move, but it...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

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for August 2023 - August 30th, 1:00 pm - 2:00 pm ET

It’s not a heat wave, it’s a wave of hot eDiscovery case law disputes! Our August 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a motion to compel a forensic examination...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for July 2023 - August 1st, 1:00 pm - 2:00 pm ET

Justice delayed isn’t justice denied for eDiscovery case law disputes! Our July 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including custody and control of a personal Google...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 126 | Ankura's Robert Bird, Terry Herlihy and Nicole Donaldson talk about off channel communications...

Illumination Zone: Robert Bird, Senior Managing Director, Terry Herlihy, Managing Director, Data & Technology and Nicole Donaldson, Managing Director for EDRM Trusted Partner, Ankura sit down with Kaylee and Mary to talk...more

Hanzo

[Webinar] The Evolving State of Data Privacy In America: Implications for eDiscovery - June 28th, 1:00 pm EDT

Hanzo on

In 2018, the GDPR established comprehensive data privacy laws in Europe, setting the standard for the rest of the world. Since then, the data privacy landscape in the U.S. has changed considerably in response to increasing...more

EDRM - Electronic Discovery Reference Model

Recent “Textbook” Analysis of Fed.R.Civ.P. 37(e)

[EDRM Editor’s Note: This article was first published here on April 17, 2023 and EDRM is grateful to Michael D. Berman, founder and managing director of E-Discovery LLC for permission to republish.] Government Employees...more

TransPerfect Legal

The E-Discovery Playbook

TransPerfect Legal on

The E-Discovery Playbook or Litigation Response Plan is a living document that is continuously modified to define an organization’s approach to the preservation, collection, processing, reviewing, and final disposition of...more

Association of Certified E-Discovery...

[Webinar] The Ethical Role of Attorneys in Discovering Ephemeral Data and Video Meeting Platform Data - October 5th, 1:00 pm -...

In this fast-moving and educational webinar, Daniel Gold, Esq., Managing Director at BDO USA, LLP will discuss how the pandemic has led all of us to relying upon video meeting applications on a daily basis. Simultaneously,...more

TransPerfect Legal

Ephemeral Messaging and the Duty to Preserve

TransPerfect Legal on

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

Association of Certified E-Discovery...

[Webinar] Legal Hold: The Power of In-Place Preservation & Collection - December 9th, 1:00 pm - 2:00 pm EST

The duty to preserve evidence begins when litigation can be reasonably anticipated. Legal Holds allow this preservation to take place. However, the process is marred by the potential for errors at every step of the way. As...more

Lighthouse

Legal Tech Innovation: Learning to Thrive in an Evolving Legal Landscape

Lighthouse on

The March sessions of Legalweek took place recently, and as with the February sessions, the virtual event struck a chord that reverberated deep from within the heart of a (hopefully) receding pandemic. However, the...more

Farrell Fritz, P.C.

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

Farrell Fritz, P.C. on

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

[Webinar] Manage The Vast Volumes Of Dynamic Slack Content For Discovery With Ease - February 24th, 10:00 am PST

Hanzo on

Enterprises who've adopted Slack know the content adds up quickly across channels, direct messages, and group communications. Information governance is critical for mitigating risk. However, making informed decisions about...more

Hanzo

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

Hanzo on

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

Hanzo

If You’re Not Requesting Slack Data in Ediscovery—or Preserving It—What Are You Waiting For?

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When you start an ediscovery project, are you explicitly asking your opponents to produce data from the collaboration application Slack? Are you looking for relevant and helpful data within your own Slack channels and...more

Skadden, Arps, Slate, Meagher & Flom LLP

How Social Media, Technology and Privacy Laws Are Changing the E-Discovery Landscape

Historically focused on manually wading through large volumes of email and electronic documents, e-discovery is transforming in nuanced ways. Discovery of mobile devices, social media and other online applications raises...more

Hanzo

Ediscovery Investigations: Finding the Needle in the Haystack—and Then Using it

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Ready, set, GO! When litigation is threatened, a critical time period begins. You may only have a matter of days to investigate your opponent or your dispute on social media before savvy parties or witnesses change their...more

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