News & Analysis as of

Electronically Stored Information Data Preservation Spoliation

EDRM - Electronic Discovery Reference Model

Li. v. Merck Addresses: Trigger; Spoliation Discovery; and, Document Unitization

In Li v. Merck & Co., Inc., 2025 WL 429013 (N.D. Cal. Feb. 7, 2025), the court addressed a number of discovery disputes in a lawsuit by a terminated employee against her former employer....more

Morris James LLP

Failure to Maintain Legal Hold Leads to Spoliation, Sanctions, and Fee Shifting in Delaware Superior Court CCLD

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Huntsman Int'l, LLC v. Benelux, C.A. No. N17C-11-242 MAA CCLD (Del. Super. Ct. Aug. 13, 2024). In the age of big data, discovery can extend beyond traditional documents and communications to myriad tools and databases....more

Kilpatrick

Spoiler Alert! Another Legal Update on Data Preservation and Spoliation Implications

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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

EDRM - Electronic Discovery Reference Model

Fabricated Text Messages – – Some Lessons Are Never Learned

In Ex-Prosecutor Disbarred For Fabricating Harassing Texts – Law360 (Jan. 7, 2025), Thy Vo reported on a fabrication of evidence case. The decision, State of Colorado vs. Yujin Choi, No 24PDJ019, is not yet posted on Recent...more

Pagefreezer

Social Media Evidence Spoliation and Preservation

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There are few better cases that illustrate the risks of social media spoliation than Lester v. Allied Concrete Company....more

Association of Certified E-Discovery...

How the Failure to Preserve Led to Production of the Legal Hold Notice

In EEOC v. Formel D USA, Inc. (September 12, 2024), the U.S. District Court’s ruling underscored a critical lesson for litigators: failure to preserve electronically stored information (ESI) can lead to severe sanctions,...more

EDRM - Electronic Discovery Reference Model

September’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published September 25, 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...more

Array

This Week in eDiscovery: Case Studies on Reasonable Preservation and Hyperlinked Documents

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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

EDRM - Electronic Discovery Reference Model

July’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published July 24, 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

Association of Certified E-Discovery...

How the Failure to Preserve Data from a Mobile Device Can Drastically Affect Trial Strategy

The importance of early planning and thorough preservation of electronic data cannot be overstated, especially when it comes to litigation. In a recent case, Two Canoes LLC v. Addian Inc. (April 30, 2024), the failure to...more

Association of Certified E-Discovery...

Spoliation Sanctions & Summary Judgment Denial: A Wake-Up Call for Mobile Device Preservation

A recent decision in ediscovery case law, Maziar v. City of Atlanta from June 10, 2024, underscores the crucial importance of early preservation, particularly regarding text messages from mobile devices. This case, presided...more

EDRM - Electronic Discovery Reference Model

May’s Notable Cases and Events in E-Discovery

[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

EDRM - Electronic Discovery Reference Model

April’s Notable Cases and Events in E-Discovery

[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

Mitratech Holdings, Inc

[Webinar] Legal Hold in Action: Real-World Tips and Best Practices - January 25th, 9:00 am - 10:00 am PST

Safeguarding against evidence spoliation ahead of litigations, audits, or investigations is a lot easier when you have a timely, defensible legal hold process. In this conversation, take a look at how to achieve this by...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

EDRM - Electronic Discovery Reference Model

October’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published October 18, 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 Is An ESI Protocol

Hey there, fellow legal tech enthusiasts! It’s Cat Casey, back with another installment to help you navigate the legal tech maze. Today, we’re diving deep into the world of ESI Protocols. If you’re thinking, “ESI-what-now?”,...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

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for September 2023 - October 4th, 1:00 pm ET

Fall is in the air and so is the whiff of sanctions! Our September 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including sanctions for discovery violations & misrepresentations,...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

Butler Snow LLP

How “Disappearing Apps” Entwine the Legal and Business World

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Imagine the excitement you might feel when you hear that your company has finally decided to rid itself of a frustratingly antiquated electronic data management and storage system. Not only is the current system outdated, but...more

Skadden, Arps, Slate, Meagher & Flom LLP

Premium on Preservation: Recent Delaware Rulings Underscore the Importance of Preserving Documents

Document discovery plays an essential role in litigation. Litigants and courts rely on documentary exhibits, along with witness testimony about such exhibits, to create a trial record. As a result, courts expect that parties...more

Reveal

Preservation of Evidence: Methods and Best Practices You Should Adopt in 2023

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In our adversarial justice system, litigants rely on evidence to explain their side of a dispute. Today, much of that evidence is digital. If an organization allows digital evidence to be compromised, lost, or destroyed, it...more

Partridge Snow & Hahn LLP

Court Clarifies When Duty to Preserve Evidence in Litigation Arises

The duty to preserve potentially relevant documents and electronically stored information is an important obligation that arises in litigation, and one that litigants and their attorneys must not take lightly. But at what...more

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