News & Analysis as of

Electronically Stored Information Document Retention Policies

BCLP

Disputes in Focus: Quick Q&A on Developments in Forensic IT & AI

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In this insight, Clare Reeve Curatola ask our experts, Jason Alvares and Chris Wheatley, to share their insights and thoughts on the developments and challenges in forensic technology. They also share practical tips to...more

Venable LLP

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

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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

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

Freeman Law

Document Retention for Engineering and Architecture Services Companies

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Document retention. That phrase reminds me of a Dilbert cartoon from about a decade ago that depicted the “pointy-haired boss” confronting Alice, the engineer, about her exceeding the company’s permitted email storage. The...more

Reveal

Use of Ephemeral Messaging Apps Can Make Your Document Retention Policy Disappear

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In the past year and a half, I’ve written about at least three cases involving the use of ephemeral messaging apps during litigation. As you can imagine, the ramifications for doing so weren’t great. But what about using...more

Farrell Fritz, P.C.

When Does My Duty To Preserve End?

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Generally, a litigation hold letter* will issue to preserve documents and information potentially relevant to a reasonably anticipated lawsuit. However, when does one’s duty to preserve potentially relevant documents end? ...more

Association of Certified E-Discovery...

[Webinar] ZyLAB Re-Invents Legal Hold Notification - November 17th, 1:00 pm - 2:00 pm ET

In 2003 Judge Shira Scheindlin wrote “once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a 'litigation hold' to ensure the preservation of...more

Perkins Coie

Agencies Must Preserve Emails For CEQA Record of Proceedings

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An agency’s duty to preserve documents for inclusion in the record of proceedings under CEQA prevails over a local agency’s document retention and destruction policies. Golden Door Properties v. Superior Court (County of San...more

Downey Brand LLP

Agency Email Correspondence Must be Retained Under CEQA, Appeals Court Holds

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In a ruling that should send shivers up the spine of any public agency in California needing to comply with the California Environmental Quality Act (“CEQA”), the Fourth District Court of Appeal on July 30 held that any email...more

Nelson Mullins Riley & Scarborough LLP

Retain, Maintain, or Preserve – Properly Identifying Obligations Can Streamline Records Management for Companies

Companies routinely face decisions on what information should be retained, what information should be maintained, and what information, if any, must be preserved. Many companies make these decisions without truly...more

Weintraub Tobin

I Think My Client Is About To Be Sued: How To Execute A Proper Litigation Hold

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The duty to preserve potentially relevant evidence is an affirmative obligation. Yes! Attorneys and their clients must take action to ensure preservation of discoverable documents. The duty to preserve evidence arises when a...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Amends Corporate Enforcement Policy on Companies’ Use of Electronic Messaging Apps

On March 8, 2019, the U.S. Department of Justice announced an important change to its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy concerning one of the conditions — “appropriate retention of business...more

Holland & Knight LLP

Company’s Covert Monitoring of Former Employees’ Private Facebook Messenger Conversations Was Not “Unclean Hands” - Preventing...

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The equitable defense of "unclean hands" is often raised but rarely proven. Sometimes stated as "he who comes into equity must come with clean hands," it is based on the maxim that "he that hath committed iniquity shall not...more

Association of Certified E-Discovery...

Data Destruction Minefields and Defensibility: An ACEDS Jacksonville Panel Presentation Re-Cap

On Thursday, August 30, 2018, the Jacksonville Chapter of ACEDS held a panel discussion on “Data Destruction Minefields and Defensibility” at GuideWell Source. The panel, moderated by ACEDS Jax Board Member, Serena Selzer,...more

Epiq

In a new GDPR World, Information Governance’s Time Is Now

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Over the years, interest in Information Governance (IG) practices and related technology solutions within the legal industry has ebbed and flowed, primarily following the pattern of economic cycles.  We have reached a tipping...more

Jones Day

Board Practices in the Digital Age: Beyond Corporate Housekeeping

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The Background: Technology has transformed the way that directors receive and review information and communicate with each other and with management. The Issue: Although many modern board practices are more secure and...more

Whitman Legal Solutions, LLC

Going "Green" with a Document Retention Policy

A Document Retention Policy Determines How Long and in What Format to Save Documents Just as I hung onto old strings after their usefulness was over, a company, also, can fall victim to keeping records so long that they...more

Littler

How to Generate, File, Retain and Execute Electronic HR Documents While Complying with Employee Records Laws and Electronic...

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Every minute of every workday, multinational employers rely on sophisticated HR information technologies to manage their global workforces. Laws worldwide regulate information technology, and so multinationals must comply,...more

Jones Day

ALJ Denies Sanctions for Being Unsupported by Discovery Misconduct

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In a recent order, Administrative Law Judge (“ALJ”) Shaw denied Complainants’ Paice LLC and the Abell Foundation, Inc. (“Paice”) motion for evidentiary sanctions against Respondent Ford Motor Company (“Ford”) for allegedly...more

Jones Day

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

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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

Akerman LLP - HR Defense

An Employer’s Guide to Litigation Holds

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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

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - October 2015

In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more

Arnall Golden Gregory LLP

Data Security 101 for Business – Guidance from the Federal Trade Commission

Recently the Federal Trade Commission (FTC) issued a guide, Start with Security: A Guide for Business, which pulls from lessons learned from the 50+ data security enforcement actions that the FTC has announced. To be clear,...more

PilieroMazza PLLC

“Are You Being Served?” If So, Your ESI Must Be Preserved!

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Unlike the classic British sitcom "Are You Being Served?", as any business owner who has been on the receiving end of a threat of litigation or was served with a complaint can attest, there is nothing remotely amusing about...more

Troutman Pepper

Five Document Management Strategies That Reduce Burdens Of E-Discovery In Construction Claims

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Litigants in all industries, including construction, have to deal with electronic documents. Collecting, processing, reviewing and producing these documents involves substantial expenditures of time, manpower and money, often...more

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