News & Analysis as of

Document Retention Policies

3 Ways to Map Your E-Discovery Process (and Why You Should)

by Exterro, Inc. on

Business process mapping, as a topic, may not excite everyone. That doesn't mean it's not necessary. Every business process should be mapped out, because the level of insight you gain from the exercise is what allows you to...more

Glitch in the Matrix – The Vital Role of Communication Between All Stakeholders in eDiscovery: eDiscovery Best Practices

by CloudNine on

...Jim’s post below highlights the importance of communications between all stakeholders in the discovery process.... ...In an article by Morgan Chalfant at The Hill posted on January 25th, it was reported that text...more

Courts Are Closely Following Amended Rule 37(e)’s Limits on Sanctions for Lost Electronically Stored Information

by Jones Day on

Within two years of its implementation, several cases show that amended Rule 37(e) is having its intended impact, as judges are carefully applying the criteria articulated in the Rule prior to ordering curative measures or...more

Legal Project Management Series: People

by Exterro, Inc. on

In the first article of our series on legal project management (LPM), I looked at the fundamentals of LPM: a definition of the term, some key principles, and its increasing formalization over the past decade. It helped set up...more

ESI, ROT, and LBJ – Thoughts on Data Management While Visiting the Lyndon Johnson Presidential Library: eDiscovery Trends

by CloudNine on

...A few weeks ago, I took a road trip from Oregon to Austin, Texas as a way to ring in the new year. A friend met me there, and one of the things we’d hoped to do (besides listen to a lot of live music) was visit the LBJ...more

Violating a Retention Policy Is Not Necessarily Bad Faith Spoliation

by Zapproved LLC on

Eaton-Stephens v. Grapevine Colleyville Indep. Sch. Dist., No. 16-11611, 2017 U.S. App. LEXIS 22704 (5th Cir. Nov. 13, 2017). In this appeal of a workplace discrimination case, the court held that a school district’s...more

2017 eDiscovery Case Law Year in Review, Part 3

by CloudNine on

...Just because you don’t physically have your hands on the data doesn’t mean you’re not responsible for it. Here are three cases related to rulings regarding possession, custody and control of ESI, including one that relates...more

An Employer’s Guide to Litigation Holds

by Akerman LLP - HR Defense on

Employers have a duty to preserve information that is potentially relevant to anticipated or existing litigation and failure to comply with that duty can have dire consequences. As such, issuing a litigation hold should be at...more

Changes to California’s Document Retention Policy

by King & Spalding on

Medi-Cal and other California health care providers will soon be required to change their document retention policies and practices for services rendered under programs administered by California’s Department of Health Care...more

DOL Settlement Agreement Provides ESOP Transaction Guidance

by Holland & Knight LLP on

• The U.S. Department of Labor (DOL) and First Bankers Trust Services Inc. (FBTS) have entered into a settlement agreement filed in U.S. District Court for the Southern District of New York, resolving a case challenging FBTS'...more

Spoliation And The Dangers Of Failing To Preserve Evidence

by SmithAmundsen LLC on

In a case pending in the U.S. District Court for the Southern District of Florida, Equal Employment Opportunity Commission v. GMRI Inc., the EEOC recently argued that a restaurant chain acted in bad faith, and should be...more

European Court to France: DNA Database Violates Fundamental Rights

by Hogan Lovells on

The European Court of Human Rights decided on June 22, 2017 that France’s DNA database for convicted criminals disproportionately interferes with individuals’ privacy rights because of its one-size-fits-all retention period...more

All Employers: Yet Again, USCIS Releases an Updated Form I-9, Employment Eligibility Verification

United States Citizenship & Immigration Services (USCIS) has again changed the Form I-9, Employment Eligibility Verification. On July 17, 2017, USCIS published the revised version, which employers are mandated to use...more

The Challenge of Releasing Legal Holds and Disposing of ESI

by Exterro, Inc. on

On paper, releasing a legal hold seems fairly straightforward. A matter reaches a resolution, preservation obligations are lifted, the legal team informs custodians and data stewards that they are no longer required to retain...more

Three Considerations of Document Proposal

by Dentons on

Reviewing and revising a law practice's document retention and disposal practices is an aspirational goal for many law firms. Indeed, setting such a policy can be quite difficult. One reason is that the rules of professional...more

Lack of Cooperation Leads to Court to Order Scope of Discovery for Defendant: eDiscovery Case Law

by CloudNine on

In Bird v. Wells Fargo Bank, No. 16-1130 (E.D. Cali., Mar. 31, 2017), after the parties could not agree on the parameters and scope of discovery, California Magistrate Judge Erica P. Grosjean ordered the defendant to produce...more

Identifying and Managing Corporate Risk from Internal and External Stressors

by Tucker Arensberg, P.C. on

I’ve been asked the same simple question time and time again by clients who are faced with litigation – How did this happen? Sometimes they are referring to a looming dispute over large accounts receivable, employee...more

Early Bird Gets the Worm - Early Case Assessment Gets the Facts

by Exterro, Inc. on

Getting to the facts of the case as quickly as possible: this has always been the primary goal for any legal team when faced with litigation. But in the digital age, where electronic data pervades and is growing each year...more

Document Retention Periods: A How-To Guide

by Bryan Cave on

Data minimization can be a powerful – and seemingly simple – data security measure. The term refers to retaining the least amount of personal information necessary in order for an organization to function....more

The Bottom Line is the Bottom Line: Three Ways for Cutting Costs Across the Stages of E-Discovery

by Exterro, Inc. on

E-Discovery is often viewed as being a niche in the larger legal world. It’s often an ancillary topic in law schools, and according to one respondent in a recent Exterro survey, “Most lawyers view e-discovery as akin to...more

Key Takeaways From Delaware’s Unclaimed Property Overhaul

by Reed Smith on

A bill has been introduced in the Delaware Senate that would overhaul Delaware’s unclaimed property law. The bill is on a fast track and could be enacted by the end of January. If enacted, companies currently under audit will...more

Coal Plant Shutdowns: Operators Should Implement Their Document Retention Policies And Protect Against Future Asbestos Claims

by McCarter & English, LLP on

As far as contamination concerns go, asbestos-containing materials (ACM) are generally way down the list of issues at a shutdown coal plant. You hire certified contractors, bag the ACM and dispose of it in approved landfills....more

Employer Responsibilities re Mental Health Conditions

by Lewitt Hackman on

The Equal Employment Opportunity Commission recently issued a “User-Friendly Document” explaining the rights of job applicants and employees with mental health conditions. In doing so, the EEOC has confirmed that individuals...more

CFPB Consent Orders Serve as a Reminder to Mortgage Industry on Advertising Practices

A recent series of CFPB consent orders should remind the mortgage industry to carefully monitor its advertising practices. The MAP Rule prohibits deceptive and misleading commercial communications regarding any term of any...more

Top 5 HR resolutions for not getting sued in 2017

by FordHarrison on

As 2016 draws to a close, each of us will likely take time to reflect on what we hope to achieve in the coming year. In my case, this reflection usually involves resolving to be happier and more productive and reduce my carb...more

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