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FRCP 37(e) Data Preservation

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

EDRM - Electronic Discovery Reference Model

Recent “Textbook” Analysis of Fed.R.Civ.P. 37(e)

[EDRM Editor’s Note: This article was first published here on April 17, 2023 and EDRM is grateful to Michael D. Berman, founder and managing director of E-Discovery LLC for permission to republish.] Government Employees...more

Hanzo

Analysis Of The Importance Of Gmail For Ediscovery

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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 harder than it would appear at first glance. This is the first in...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

Pierce Atwood LLP

Intentional Deletion and Manipulation of Electronic Data Leads to Default Judgment

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Every day we are reminded that we live in a digital world by looking down at our smartphones and logging onto our computers. Though the legal field is generally slow to jump on the bandwagon of new technology, the use of...more

Hanzo

[Infographic] The 6 Most Typical Challenges Enterprise Face When Collecting Data From Google Drive

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As the name suggests, Google Workspace is a workspace for productivity. It is a collaboration platform that unifies chat, email, voice and video calling, and content management, empowering teams to work from anywhere. During...more

Hanzo

Spoliation Is Spooky! Preserving Collaboration Content Can Help You Avoid These Scary Scenarios

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Lawyers are accustomed to slow, gradual changes that unfold over months, years, or even decades. Since our legal system depends on court precedents and democratic mechanisms for regulatory and legislative change, we typically...more

Hanzo

Ediscovery 101 For Collaboration: What happens if you don’t preserve Slack communications and someone asks for them in ediscovery?

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As the world embraces a more collaborative way of working and uses new applications like Slack to communicate with one another, there is a corollary impact on other areas of the business such as how does legal manage the data...more

Reveal

Is eDiscovery Existing in a Post-Sanctions World?

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Is eDiscovery Existing in a Post-Sanctions World? The short (and obvious) answer is no. Rule 37(e) isn’t going anywhere. But recent case law indicates a trend where sanctions seem to be harder to come by, which may play...more

Hanzo

If You’re Not Requesting Slack Data in Ediscovery—or Preserving It—What Are You Waiting For?

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When you start an ediscovery project, are you explicitly asking your opponents to produce data from the collaboration application Slack? Are you looking for relevant and helpful data within your own Slack channels and...more

Hanzo

Court Dicta in Paisley Park v. Boxill Foresees Expansion of Discoverable ESI

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Parties “Do Not Get to Select What Evidence They Want to Produce, or From What Sources” Are you preserving all of the electronically stored information (ESI) that’s relevant to your litigation matters? What about...more

Kilpatrick

When Good Business Sense Doesn’t Make Good Legal Sense

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In my role as a Senior E-Discovery Attorney, I often provide guidance to organizations in how to develop and implement policies governing data retention and disposition. When developing those policies, it is critical to...more

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