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FRCP 37(e) Evidence

Association of Certified E-Discovery...

[Webinar] Practical Applications of eDiscovery Rules - December 14th, 1:00 pm - 2:00 pm EST

We all know that there are Federal and State rules that govern how eDiscovery is conducted, but legal professionals need examples to illustrate how the rules should be applied, and what NOT to do. This webinar will use actual...more

Kilpatrick

The Duty to Preserve Evidence May Begin Before Formal Notice of Litigation

Kilpatrick on

The preservation of, or failure to preserve, ESI in a litigation context provides ample opportunities for counsel to stumble and is a fertile area of case law. In this blog we will look at Hollis v. CEVA Logistics U.S., Inc.,...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

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

Pierce Atwood LLP on

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

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

Hanzo on

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

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

Troutman Pepper

New Best Practices Under E-Discovery Spoliation Rule

Troutman Pepper on

As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on...more

Hanzo

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

Hanzo on

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

Hanzo on

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

Troutman Pepper

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

Troutman Pepper 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

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