Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences
eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions
Data Retention and Document Holds
Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
No Password Required Podcast: Senior Security Researcher at Nokia and Guardian of Secure AI Networks
eDiscovery Needs Digital Forensics for a Mobile World
Work This Way: A Labor & Employment Law Podcast - Episode 31: Trade Secrets and Protecting Confidential Information with Jennie Cluverius of Maynard Nexsen
Work This Way: A Labor & Employment Law Podcast | Episode 15: eDiscovery for Employers with Angela O’Neal, Nextra Solutions Director
Record Retention and Information Governance
California Employment News: Synthesizing Evidence in a Workplace Investigation (Part 3)
A Look at the Metaverse’s Legal Implications, with Special Guest Samantha Green, Director of Content Marketing, Epiq
Evidence Preservation: Handling the Issues in New York and New Jersey
Keeping Up with M365 Software Updates
Sitting with the C-Suite: Best Practices in Mobile Device Data Preservation
Sitting with the C-Suite: Remote Work - Increasing Communication on Collaboration Platforms
Video | Tips for Managing the Preservation of Mobile Device Data
There are few better cases that illustrate the risks of social media spoliation than Lester v. Allied Concrete Company....more
In Safelite Grp., Inc. v. Lockridge, the U.S. District Court examined whether a cease-and-desist letter triggers a duty to preserve electronically stored information (ESI) and how routine deletion of text messages impacts...more
On September 18th, I had the opportunity to attend The Masters Conference in Seattle, WA, for my second time, hosted by Perkins Coie. This year, I was struck by how much the technology landscape in eDiscovery has evolved,...more
In the intricate world of legal proceedings, the duty to preserve evidence plays a pivotal role, particularly when it involves video evidence that can unequivocally substantiate claims or defenses. The recent decision in Nagy...more
The Masters Conference in Washington, DC, on April 17th, 2024, was a bustling event with crowded sessions throughout the day. The agenda featured a diverse range of topics, such as Modern Data, Link Files, eDiscovery Case...more
Electronic discovery (eDiscovery) allows attorneys to build cases that require delving into relevant ESI, or electronically stored information, such as emails, audio and video files, and social media, in addition to hard-copy...more
In the realm of litigation, the management of electronically stored information (ESI) is a pivotal component that can significantly influence the trajectory and outcome of a case. The recent ruling in Doe LS 340 v. Uber...more
[Editor’s Note: This article was first published April 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 the...more
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
In the third post of our series on the 2023 Legal Industry Collaboration Data Survey, we delve into the evolving strategies for data retention and preservation that have emerged in response to the growing use of digital...more
This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: an order from the U.S. District Court for the Northern District of California requiring the Defendant to...more
What is a Gigabyte? Seems really obvious, right? But maybe not. At the time of collection, a gigabyte may be data downloaded from O365 or Gmail, information extracted from a cell phone, or even (historically) a whole disk...more
[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
Collaboration platforms like Slack and Microsoft Teams have transformed enterprise communication. However, this shift has posed new challenges for eDiscovery processes, raising concerns about data management, retention, and...more
Employee communication methods have undergone a dramatic makeover during the past five years — indeed, it sometimes seems, from month to month. Slack, a collaboration tool for workplaces, has been among the forces upending...more
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
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
Workplace collaboration and communication solutions like Slack and Microsoft Teams have firmly established their place in the enterprise and can be requested during ediscovery just like email and other electronically stored...more
As 2023 begins it is time once again to reflect on the most interesting eDiscovery cases from last year. Trends are always evolving in this dynamic space and eDiscovery professionals cannot afford to snooze on this review....more
Implementing legal holds quickly and effectively is key to maintaining defensibility during litigation and investigations. When a matter involves U.S. law, parties have a duty to preserve relevant information once litigation...more
With the turbulence at Twitter, Mary Mack decided to back up our outgoing tweets, followers and lists that she uses to curate news. In order to archive she found there were many steps and a few tools needed to do so and is...more
With the turbulance at Twitter, I decided to back up my outgoing tweets, followers and my lists I use to curate news. This exercise can be used for archiving, disaster recovery, or for preservation purposes. The archive that...more
Sitting at over 12M daily active users, Slack has completely changed the way we exchange information and, consequently, how we discover it. The most recent example? The ruling in Red Wolf Energy Trading, LLC v. BIA Capital...more
Court rulings in the past few years have codified what people working in ediscovery have known all along: Slack (and other collaboration app data) is discoverable during litigation and should be preserved the same as email as...more
Remember the early days of email when there was such a thing as a clean and organized inbox? I remember I would even create separate folders and organize my messages according to themes. And then at some point, that effort...more