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Electronically Stored Information Evidence Corporate Counsel

Warner Norcross + Judd

Employment Terminations Based on “Cultural Fit”: A Cautionary Tale for Employers

Warner Norcross + Judd on

On June 17, the U.S. Court of Appeals for the Sixth Circuit issued Kean v. Brinker International, Inc., an opinion that reverses summary judgment for the employer and sends a former Chili’s general manager’s Age...more

Association of Certified E-Discovery...

In-House Counsel in the Custodian Debate: Balancing Proportionality and Relevance

In Dale v. Deutsche Telekom AG, Magistrate Judge Jeffrey Cole addressed a recurring issue in complex litigation—whether in-house counsel are appropriate custodians in discovery. The October 4, 2024 decision also highlights...more

Association of Certified E-Discovery...

eDiscovery Lessons for In-House Counsel: A Case Study in What Not to Do

In the complex world of eDiscovery, the responsibilities of in-house counsel are more critical than ever. The stakes are high, and the consequences of missteps can be severe, as highlighted in this week’s Case of the Week. In...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

BCLP

The perils of preservation

BCLP on

The recent decision In re Keurig Antitrust Litigation, 2022 WL 1082087 (S.D.N.Y. Apr. 11, 2022), offers timely examples of how extensive, well-intentioned preservation efforts can go awry – leading to costly motion practice...more

Association of Certified E-Discovery...

[Virtual Seminar] ACEDS Wisconsin Chapter and Paralegal Association of Wisconsin: 2022 Annual Seminar - May 6th, 8:15 am - 4:30 pm...

Please join us, beginning May 1, for a week of engaging discussion culminating in the all-day seminar on May 6!...more

Association of Certified E-Discovery...

[Webinar] Now Available At No Cost: Secure, Virtual Trial and Deposition Prep with Storybuilder by Everlaw - January 26th, 1:00 pm...

Post-review litigation preparation traditionally occurs over email, with competing versions of outlines sent back and forth until no one is sure what’s the most up to date. Digitally preparing for trial often involves a...more

Baker Donelson

Sitting with the C-Suite: eDiscovery Observations – Historical Lookback to 1990s and 2000s

Baker Donelson on

Rakesh Madhava, the chief executive officer of Nextpoint, has extensive litigation experience, first as a litigation paralegal at, among other law firms, Kirkland & Ellis, and then as a litigation data consultant at FTI...more

Association of Certified E-Discovery...

[Webinar] ACEDS Detroit Chapter: Defensible Remote Forensic Collection - July 23rd, 12:00 pm - 1:00 pm ET

Digital forensics, whether performed in-house or by engaging an outside vendor, can uncover critical evidence for a variety of cases, including employee data theft, litigation holds, eDiscovery cases, and incident response...more

Sheppard Mullin Richter & Hampton LLP

3 Steps in Furtherance of Avoiding Devastating Spoliation Sanctions in Trade Secret Misappropriation Litigation

Preservation of electronically stored evidence (ESI) may be critical in trade secret cases. When a dispute revolves around whether a defendant accessed and/or transmitted the plaintiff’s trade secret material maintained in an...more

Association of Certified E-Discovery...

Ethics Rules for Using Social Media in Legal Matters

Social media is increasingly important in eDiscovery, employment investigations and jury research. Using social media in legal and HR matters raises significant ethical issues. Lawyers and other legal professionals should...more

Davis Wright Tremaine LLP

EU to Require Tech Firms to Provide Overseas Emails, Texts and Stored Data

New “e-Evidence Regulation” Gives Direct Police Access to Data Across EU Borders and Abroad - The European Union will require tech companies to provide data to European investigators stored in another EU country or even...more

Jones Day

New York's Top Court Rules 7–0: "Private" Facebook Posts Subject to Disclosure

Jones Day on

On February 13, 2018, the New York Court of Appeals ruled unanimously that a user's "private" Facebook messages and photos are subject to disclosure where that information is "reasonably calculated to contain evidence...more

Troutman Pepper Locke

A Framework for Applying Proportionality in E-Discovery: The Sedona Conference Principles

Troutman Pepper Locke on

The principles provide a useful framework for the application of proportionality to preservation, as well as practical guidance for negotiating the scope of discovery. The Sedona Conference — a research and educational...more

Butler Snow LLP

Everything Old is New Again: New Sources for Spoliation Sanctions

Butler Snow LLP on

A recent case in the Middle District of Tennessee highlights the scope and limits of spoliation sanctions under amended Rule 37(e). In Benefield v. MStreet Entertainment, LLC, 2016 WL 374568 (M.D. Tenn., Feb. 1, 2016), the...more

Polsinelli

This Article Will Self-Destruct: Your Employee’s Use of These ESI-Destroying Apps Could Subject You to Sanctions

Polsinelli on

In This Issue: - Can You Keep a Secret? There’s an App for That - Do Snapchat or Confide Produce “Documents” in the Eyes of the Law? What about Evidence? - Implications on Securities Fraud and Employment Issues ...more

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