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
In the days of snail mail, people would use a paperclip to attach additional documents or material to a letter. Flash forward to the dot.com boom, and we described electronic mail and attachments using the same terms. Even...more
In the complex world of eDiscovery, the responsibilities of in-house counsel are more critical than ever. The stakes are high, and the consequences of missteps can be severe, as highlighted in this week’s Case of the Week. In...more
In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court held that “attachments to attorney client communications may be withheld as privileged without an independent basis for...more
[Editor’s Note: This article was first published June 18, 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
[Editor’s Note: This article was first published May 15, 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
Hyperlinked files within electronic communications pose three significant challenges in ediscovery that had been previously unanswered by a thorough judicial analysis: 1) whether a hyperlinked file is an “attachment” that...more
The Federal Trade Commission and United States Department of Justice recently released new guidance on preservation of electronically stored information from ephemeral messaging tools and collaboration platforms like Slack,...more
Doubling down on guidance originally issued in September 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced updates to standard preservation letters and...more
December 2, 2023: SEC Director of Enforcement on Penalties for Data Preservation Failures - In October 2023, the SEC’s Director of Enforcement Gurbir Grewal addressed the New York City Association. See the transcript posted...more
[Editor’s Note: This article was first published December 21, 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
Ages ago, hieroglyphics were painstakingly etched into stone. They communicated various types of messages, from fables to business transactions, and lasted thousands of years. Today, we still communicate the same type of...more
The SEC and CFTC settlements with HSBC and Scotia Capital come after years of federal regulators’ and prosecutors’ steadily increasing scrutiny of off-channel communications. Anchoring these settlements are long-standing...more
As U.S. regulators and enforcement authorities alike become increasingly focused on corporate oversight practices of their employees' use of third-party messaging applications, including ephemeral messaging, companies should...more
Electronic information is ubiquitous and its use and misuse can pose serious ethical problems for attorneys. Attorneys use electronic information to communicate with the public and with clients, to advertise their services,...more
Mobile devices are everyone’s addiction, and each device could contain ESI essential to rounding out any discovery request. From text messages to device locations, from images to video and more, our mobile devices tell the...more
Most knowledge work these days demands some form of collaboration. You draft a document; your colleagues comment on it and make suggestions for how it could be better. You chat on Slack about how to incorporate those...more
Is your organization using Adobe Experience Manager (AEM) to create user-level individualized website experiences? If so, kudos to you and your marketing team. We’ve been blown away by the degree of granularity and...more
Electronic communication is the new normal in every walk of life, including the corporate world. Communicating on a mobile device anytime from anywhere has several positive attributes. While this is extremely appealing to...more