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
George Orwell warned us in his dark masterpiece Nineteen Eighty-Four how effortlessly authoritarian regimes could erase inconvenient truths by tossing records into a “memory hole”—a pneumatic chute leading directly to...more
There appears to be a recent theme on this blog regarding data preservation and spoliation, and—not to spoil anyone’s appetite for this important topic—we are back with another one. And for good reason given the heightened...more
There are few better cases that illustrate the risks of social media spoliation than Lester v. Allied Concrete Company....more
eDiscovery refers to discovery in legal proceedings such as litigation, government investigations, or Freedom of Information Act requests, where the information sought is in electronic format. eDiscovery tools can also be...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
Organizations whose mantra is “We just never delete anything” (i.e., organizations simply retaining all information indefinitely) are now facing headwinds, especially when the information contains personal information. As our...more
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 September 16-22. Here’s what’s...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
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 August 12-18. Here’s what’s...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
Join us for a comprehensive discussion led by distinguished speakers, including U.S. SEC Senior Counsel and Senior Managing Director at FTI Consulting, as they shed light on navigating the intricate landscape of data...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
The FTC and DOJ’s Antitrust Division recently announced that they are updating their guidance regarding how parties in enforcement and investigative matters must preserve electronically stored information (“ESI”) from...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
I recently had the opportunity to visit with Alex Cotoia, Regulatory Manager, and Daniela Melendez, an Associate at The Volkov Law Group, on the importance of addressing electronic communications preservation and management...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
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