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Organizations that use Gmail for business communications need a way to preserve and extract discoverable information in the event of litigation. But that’s easier said than done....more
Companies and firms alike have greatly expanded their usage of different communication and collaboration platforms during the past 2 years, ranging from email, Microsoft Office 365, Slack, Box and others. These changes...more
Don't Delete That! How to Preserve Social, Text & Collaboration Apps for Litigation - Companies and firms alike have greatly expanded their usage of different communication and collaboration platforms during the past 2...more
Historically, the legal profession has been reluctant to embrace technology and electronic discovery in the practice of law. Indeed, practitioners often still exchange discovery in paper format or ignore, altogether, medium,...more
In New York, it is widely recognized that the duty to preserve documents arises once a party “reasonably anticipates litigation” (see Voom HD Holdings LLC v EchoStar Satellite, 93 AD3d 33, 41-42 [1st Dept 2012]). And so,...more
Slack is the new email - Slack has become a massively-important workplace collaboration tool that millions are using. We complained about email for years. Slack has answered that complaint and has successfully lured many...more
The fifth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney client privilege and work-product doctrine, spoliation, and discovery responses. ...more
After years of decisions, the issues surrounding the preservation of electronically stored information (ESI) seem almost old hat. It is well known that, upon notice of a claim or commencement of litigation, a party needs to...more
On July 12, a federal district court imposed a $3 million punitive sanction pursuant to the recently amended Federal Rule of Civil Procedure 37(e). GN Netcom, Inc. v. Plantronics, Inc., No. CV 12-1318-LPS, 2016 WL 3792833 (D....more
In the ISN case, the Petitioners filed a Petition for Appraisal, requesting that the Court make an independent valuation of the company under Section 262. In this Motion to Compel hearing, the Respondent called to the stand...more
Companies that have existed for any period of time can be overwhelmed by the volume of documents they create. The amount of material and data have grown exponentially in the last few decades with the expansion of...more