News & Analysis as of

Duty to Preserve Litigation Hold

Harness the Power of Search in E-Discovery

by Exterro, Inc. on

During a recent webinar entitled, In-Place Preservation: Locking Down Data Without Collecting It, Bobbi Basile, Managing Director of HBR Consulting, defined in-place preservation as, “a means to efficiently lock down the data...more

What’s the Return on Investment for Automated Legal Hold Software?

by Zapproved LLC on

Learn the rewards of streamlining your legal hold process - If you’re still managing legal holds with an archaic conglomeration of spreadsheets, emails, and duct tape, you can do better. Today’s automated, cloud-based...more

Electronic Discovery Without Borders: Your Passport to Managing Multilanguage ESI

by Epiq on

Although litigators today benefit from advanced technology to research and organize their cases, the evolution of electronic data and the internationalization of business are adding new complications that require...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

Negligence in Preserving ESI Warrants Monetary Sanctions

by Zapproved LLC on

N.M. Oncology & Hematology Consultants v. Presbyterian Healthcare Servs., No. 1:12-cv-00526 (D.N.M. Aug. 16, 2017). Because the defendant was merely negligent in producing discoverable information, the magistrate judge...more

Intentional Data Destruction Gets Default Judgment in OmniGen Research v. Wang

by Zapproved LLC on

OmniGen Research v. Wang, No. 6:16-cv-00268-MC, 2017 U.S. Dist. LEXIS 78107 (D. Or. May 23, 2017). Relying on the Federal Rules of Civil Procedure and its inherent authority, a court recently imposed the extraordinary remedy...more

Fundamentals of Document and ESI Discovery

by Knobbe Martens on

Preserving Evidence: •“The duty to preserve evidence begins when litigation is ‘pending or reasonably foreseeable.’” Micron Tech., Inc. v. Rambus, Inc., 645 F.3d 1311, 1320 (Fed. Cir. 2011) •“It is, of course, not...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

Failure to Prove ‘Intent to Deprive’ Web Browser History Robs Plaintiff of Sanctions

by Zapproved LLC on

Eshelman v. Puma Biotech., Inc., No. 7:16-CV-18-D, 2017 WL 2483800 (E.D.N.C. June 7, 2017). In this defamation case, the court denied a jury instruction for spoliation where the plaintiff failed to prove that the defendant...more

Use of Text Messaging Should Change the Nature of Evidence Gathering in Internal Investigations

It doesn’t take a millennial to know that these days not all pertinent business-related communications are to be found on corporate e-mail servers. As we have increasingly seen in recent internal investigations, the most...more

California Ordered to Immediately Pay Attorneys’ Fees in ‘Targate’ Case

by Zapproved LLC on

United States v. HVI Cat Canyon, Inc., No. 2:11-cv-05097-FMO (PLAx) (C.D. Cal. Apr. 20, 2017). In this case, a plaintiff’s failure to properly issue and confirm legal holds led to the spoliation of evidence and...more

Reasonable Steps to Preserve Evidence Yield More Than Selective Preservation

by Zapproved LLC on

Sec. Alarm Fin. Enters., L.P. v. Alarm Protection Tech., LLC, No. 3:13-cv-00102-SLG, 2016 WL 7115911 (D. Alaska Dec. 6, 2016). Limited sanctions were appropriate under Federal Rule of Civil Procedure 37(e)(1) where a...more

Minimal Sanctions for a Minimal Showing of Prejudice

by Zapproved LLC on

First Am. Title Ins. Co. v. Northwest Title Ins. Agency, No. 2:15-cv-00229 2016 U.S. Dist. LEXIS 118377 (D. Utah Aug. 31, 2016). The court denied the majority of sanctions a party sought for spoliation of evidence where...more

"The E-Discovery Digest - October 2016"

The fifth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney client privilege and work-product doctrine, spoliation, and discovery responses. Please see...more

Electronic Discovery Preparedness Checklist

by Baker Donelson on

While your organization may not regularly be involved in costly or complicated litigation, there is always the potential for this to arise. Additionally, you may work in an industry that is heavily regulated and subject to...more

Federal Court Provides a $3 Million Reason to Comply with Duty to Preserve ESI

by Foley & Lardner LLP on

After years of decisions, the issues surrounding the preservation of electronically stored information (ESI) seem almost old hat. It is well known that, upon notice of a claim or commencement of litigation, a party needs to...more

$3 Million Spoliation Sanction Despite Company’s Litigation Hold

by Foley & Lardner LLP on

Manufacturers involved in litigation must properly preserve electronically-stored information (“ESI”) or potentially face daunting sanctions. A recent antitrust case, however, demonstrates that lessons—multi-million dollar...more

The Failure to Issue a Legal Hold Can Cause a Case to Crash and Burn

by Zapproved LLC on

Bruner v. Am. Honda Motor Co., No. 1:15-00499-N, 2016 U.S. Dist. LEXIS 62810 (S.D. Ala. May 12, 2016). Where a defendant had never initiated a legal hold and had been continuously deleting e-mails since litigation began,...more

Zapproved’s Brad Harris on Fundamentals of a Good Evidentiary Preservation Plan

by Zapproved LLC on

The duty to preserve evidence is well established; litigants must take reasonable steps to ensure information is not deleted or altered once the duty arises. The duty to preserve applies equally to both plaintiff and...more

Litigation Holds and Spoliation Issues

by Sullivan & Worcester on

When the need arises, a litigation hold should be implemented quickly and effectively to avoid the inadvertent destruction or overwriting of potentially responsive data. The time to implement a litigation hold may be when it...more

10 Tips for Litigation Hold Plans

by Sullivan & Worcester on

A “litigation hold plan” guides an organization in carrying out its evidence preservation obligations. Many factors come into play when the need to preserve records is triggered, and each organization has unique systems,...more

Don’t Forget That Litigation Hold!

by Foley & Lardner LLP on

When it comes to producing documents in employment litigation, the deck is usually stacked in favor of the employee. Except in those unusual circumstances when the employee is squirreling away documents in an effort to build...more

Three Things Every Employer Should Know About E-Discovery

E-discovery. If this word strikes terror into your heart, you are not alone. Already a formidable task, discovery became exponentially more onerous with the advent of modern technology. Instead of just looking through a file...more

Taking Advantage of New Safe Harbor Against Discovery Sanctions

by Foley & Lardner LLP on

As your company wrestles with how to manage the virtual mountains of electronically stored information (ESI) that are created in today’s workplace, you may continue to wonder what steps to take to preserve information when...more

Reducing Your Company’s Exposure to Trade Secret Litigation when Key Employees Come and Go

by Morgan Lewis on

THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...more

30 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.