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Electronically Stored Information Discovery Spoliation

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

Kilpatrick

When The Timing of Your Spoliation Motion Can Be As Important As Its Substance

Kilpatrick on

A motion for an adverse inference was denied in Pratt v. Robbins, et al., 2024 WL 234730, Case No. 5:20-cv-170-GCM (W.D. N.C. Jan. 22, 2024) where Defendants failed to preserve or produce a video that might have contained...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

Array

This Week in eDiscovery: Ruling on Intentional vs. Inadvertent Privilege Disclosures, Royal Family Photo Puts Metadata in the News

Array on

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 week of March 11-17. Here’s what’s...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

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for October 2023 - October 24th, 1:00 pm - 2:00 pm ET

“We all go a little mad sometimes” – for eDiscovery case law! Our October 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses forensic protocol negotiation and scope, sanctions for plaintiff in Bob...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

Hanzo

Three Ediscovery Takeaways from Google Antitrust Litigation

Hanzo on

In the well-publicized case In re Google Play Store Antitrust Litigation (N.D. Cal. March 28, 2023) California District Judge James Donato ruled for sanctions against Google for Google Chat spoliation. There are plenty of...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

Cozen O'Connor

Order’s Up: No Spoliation Sanctions for Cook’s Failure to Back-up Stolen iPhone – Case Law Update

Cozen O'Connor on

A recent decision declined to find the requisite “intent to deprive” that would merit sanctions under Rule 37(e) when a plaintiff was unable to produce text messages because his phone had been stolen and he had not taken...more

Morris James LLP

Delaware Court Enters Default Judgment for Extreme Spoliation

Morris James LLP on

Spoliation of evidence can lead to significant litigation sanctions, including adverse inferences, fee-shifting, and—in egregious cases—the entry of a default judgment. In this recent case involving intentional spoliation of...more

Venable LLP

Spoliation and Failure to Disclose: What Gets Swept Under the Rug in FTC Investigations Lands in a Dangerous Pit

Venable LLP on

Once a company or individual learns they are a target of a Federal Trade Commission investigation, they need to quickly make a series of decisions, then take action. After being notified that the FTC has begun an...more

Hanzo

A Few Considerations When Preserving Slack Data for Ediscovery

Hanzo on

Court rulings in the past few years have codified what people working in ediscovery have known all along: Slack (and other collaboration app data) is discoverable during litigation and should be preserved the same as email as...more

Reveal

Legal Hold Should Be Easy by Now. So, Why Do We Still See So Many Failures to Execute It?

Reveal on

Over the years, the most common type of eDiscovery case law rulings I’ve covered involved sanctions requests for spoliation of electronically stored information (ESI). It’s a common issue for organizations – whether the...more

Association of Certified E-Discovery...

It’s Time We Talked About In-Place Preservation (and Other Transformative E-Discovery Technologies)

E-Discovery is an ever-changing field. There’s always new technology cropping up—whether it’s a means of communication that legal teams need to account for or a new software solution that promises to change how e-discovery...more

EDRM - Electronic Discovery Reference Model

Don’t Get Sanctioned Like These Parties

A review of recent case law by EDRM Guardian Partner Exterro’s E-Discovery Case Law Project - Five or so years ago, legal professionals were hearing about “the end of sanctions.” Changes in the Federal Rules of Civil...more

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