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Electronically Stored Information Data Collection Duty to Preserve

EDRM - Electronic Discovery Reference Model

Discovery About Discovery – When Was Duty to Preserve Triggered?

In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court “allowed [defendants] Hillrom to take limited discovery about when [plaintiff] Linet’s duty to preserve may have...more

EDRM - Electronic Discovery Reference Model

January’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published January 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...more

EDRM - Electronic Discovery Reference Model

November’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published November 15, 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

Association of Certified E-Discovery...

TechnoCat Tidbits: What Triggers Litigation Hold?

Today, we embark on a quest to unravel the triggers that ignite the legal hold process. It will be a wild ride as we navigate the realm of legal obligations and preservation. Or at least slightly more fascinating than one...more

Association of Certified E-Discovery...

Technocat Tidbits: What is a Legal Hold Notice?

Your friendly neighborhood Technocat is back to shed some light on the captivating topic of legal hold notices. (Riveting I know!) The legal hold process for Electronically Stored Information (ESI) is a crucial step in the...more

Association of Certified E-Discovery...

Technocat Tidbits: What is Litigation Hold?

Hey there, data detectives! It’s TechnoCat, Cat Casey, back with a critical concept that underpins the whole eDiscovery rollercoaster ride. I’m talking about the infamous ‘Legal Hold’. No, it’s not a wrestling move, but it...more

EDRM - Electronic Discovery Reference Model

Don’t Be Too Nice When You Send a Preservation Notice

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

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for August 2023 - August 30th, 1:00 pm - 2:00 pm ET

It’s not a heat wave, it’s a wave of hot eDiscovery case law disputes! Our August 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a motion to compel a forensic examination...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for July 2023 - August 1st, 1:00 pm - 2:00 pm ET

Justice delayed isn’t justice denied for eDiscovery case law disputes! Our July 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including custody and control of a personal Google...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 126 | Ankura's Robert Bird, Terry Herlihy and Nicole Donaldson talk about off channel communications...

Illumination Zone: Robert Bird, Senior Managing Director, Terry Herlihy, Managing Director, Data & Technology and Nicole Donaldson, Managing Director for EDRM Trusted Partner, Ankura sit down with Kaylee and Mary to talk...more

Hanzo

[Webinar] The Evolving State of Data Privacy In America: Implications for eDiscovery - June 28th, 1:00 pm EDT

Hanzo on

In 2018, the GDPR established comprehensive data privacy laws in Europe, setting the standard for the rest of the world. Since then, the data privacy landscape in the U.S. has changed considerably in response to increasing...more

EDRM - Electronic Discovery Reference Model

Recent “Textbook” Analysis of Fed.R.Civ.P. 37(e)

[EDRM Editor’s Note: This article was first published here on April 17, 2023 and EDRM is grateful to Michael D. Berman, founder and managing director of E-Discovery LLC for permission to republish.] Government Employees...more

TransPerfect Legal

The E-Discovery Playbook

TransPerfect Legal on

The E-Discovery Playbook or Litigation Response Plan is a living document that is continuously modified to define an organization’s approach to the preservation, collection, processing, reviewing, and final disposition of...more

Association of Certified E-Discovery...

[Webinar] The Ethical Role of Attorneys in Discovering Ephemeral Data and Video Meeting Platform Data - October 5th, 1:00 pm -...

In this fast-moving and educational webinar, Daniel Gold, Esq., Managing Director at BDO USA, LLP will discuss how the pandemic has led all of us to relying upon video meeting applications on a daily basis. Simultaneously,...more

TransPerfect Legal

Ephemeral Messaging and the Duty to Preserve

TransPerfect Legal on

Short, often informal messages have become an increasingly prevalent form of business communication. Whether by sending a simple text message or using a communication application like WhatsApp, Slack, or MS Teams, employees...more

Reveal

7 Things to Look for When Selecting Legal Hold Software

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Corporate counsel often shoulder the burden of managing the entire Legal Hold process for their organization. That means on top of everything else, they must issue, execute and ensure compliance with required legal holds...more

Reveal

Why Legal Hold Technology Is More Than “Just Sending a Few Emails”

Reveal on

When it comes to a pending litigation, the duty to preserve electronic data is clearly laid out in the Federal Rules of Civil Procedure (FRCP)... But when it comes to the actual process of letting custodians know they need...more

Association of Certified E-Discovery...

[Webinar] Legal Hold: The Power of In-Place Preservation & Collection - December 9th, 1:00 pm - 2:00 pm EST

The duty to preserve evidence begins when litigation can be reasonably anticipated. Legal Holds allow this preservation to take place. However, the process is marred by the potential for errors at every step of the way. As...more

Reveal

[Webinar] Legal Hold: The Power of In-Place Preservation & Collection - December 2nd, 1:00 pm - 2:00 pm EST

Reveal on

The duty to preserve evidence begins when litigation can be reasonably anticipated. Legal Holds allow this preservation to take place. However, the process is marred by the potential for errors at every step of the way. As...more

Reveal

[Webinar] The Future of Legal Hold: Everything Legal Counsel Needs To Know - May 27th, 1:00 pm - 2:00 pm EDT

Reveal on

Legal holds arise from the duty to preserve information for pending or reasonably anticipated litigation. Once litigation is contemplated, organizations have a legal obligation to prevent deletion and preserve potentially...more

Onna Technologies, Inc.

Early case assessment for the cloud

The concept of early case assessment (ECA) hasn’t changed with the times — the name of the game is still getting a clear, upfront picture of the issue at hand, as well as any liabilities or potential costs. But what has...more

Reveal

There’s No Excuse Anymore Not to Take Up the “Slack” in Discovery of Your Chat Data

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You’ve undoubtedly heard of the collaboration app Slack at this point – it has become quite popular with organizations as a business communication chat platform. Unlike some collaboration apps, Slack offers not just public...more

Lighthouse

Legal Tech Innovation: Learning to Thrive in an Evolving Legal Landscape

Lighthouse on

The March sessions of Legalweek took place recently, and as with the February sessions, the virtual event struck a chord that reverberated deep from within the heart of a (hopefully) receding pandemic. However, the...more

Reveal

Legalweek Continues with Sessions on Workplace Data, Privacy, and Ipro’s Happy Hour

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Last week, I provided a preview for the upcoming Legalweek event, which happened this Tuesday. Here are a few of the highlights from the event in terms of sessions I attended, including (of course) the Ipro happy hour! ...more

Farrell Fritz, P.C.

Blink, And I’m Gone: E-Discovery Challenges And Considerations With Ephemeral Messaging

Farrell Fritz, P.C. on

There is an ever-increasing volume of data generated by businesses. In an effort to reduce storage costs and ameliorate privacy concerns, companies have embraced ephemeral, or self-destructing messaging. And, while...more

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