News & Analysis as of

Litigation Hold

Epiq

[Webinar] EU Privacy Concerns vs. US Discovery Obligations - November 28th, 1:00pm ET

by Epiq on

There is a great conflict between the United States and the European Union when it comes to privacy versus discovery, and there are no easy answers. Which concern outweighs the other: data privacy or legal hold? Specifically,...more

Zapproved LLC

Court denies spoliation sanctions despite party’s clear failure to preserve

by Zapproved LLC on

Barrett v. FedEx Custom Critical, Inc., No. 3:17-CV-62 (CDL), 2018 WL 1722385 (M.D. Ga. Apr. 9, 2018). In this personal injury case, the court denied sanctions despite poor preservation and admitted spoliation because the...more

Zapproved LLC

Despite late legal hold, no relevant evidence lost

by Zapproved LLC on

World Trade Ctrs. Assoc., Inc. v. Port Auth. of N.Y. & N.J., No. 15 Civ. 7411 (LTS) (RWL) (S.D.N.Y. Apr. 2, 2018). In this trademark infringement case, the court denied sanctions despite the plaintiff’s negligent...more

Zapproved LLC

‘Halfhearted attempts’ at preservation don’t prove intentional spoliation

by Zapproved LLC on

EPAC Techs., Inc. v. HarperCollins Christian Publ’g, Inc., No. 3:12-cv-00463, 2018 WL 1542040 (M.D. Tenn. Mar. 29, 2018). This contract dispute has been bogged down in a “quagmire of adversarialism” since 2012. In this...more

Zapproved LLC

Magistrate rejects claims of “innocent” mistakes to find intentional spoliation

by Zapproved LLC on

BankDirect Capital Fin., LLC v. Capital Premium Fin., Inc., No. 15 C 10340, 2018 WL 1616725 (N.D. Ill. Apr. 4, 2018). In this breach of contract case, the defendant, Capital Premium Financing, Inc. (“CPFI”), moved for...more

Zapproved LLC

What Is a Trigger Event?

by Zapproved LLC on

How to determine when to enact a litigation response plan - What is a trigger event? A trigger event is an indicator to an ediscovery professional that a litigation matter or regulatory investigation is likely to...more

Shearman & Sterling LLP

SEC Announces Settled Enforcement Action Over Failure To Preserve Documents

by Shearman & Sterling LLP on

On July 17, 2018, the Securities and Exchange Commission (“SEC”) announced a settlement with a New York-based broker-dealer over allegations that the broker-dealer failed to preserve records requested by the SEC and...more

Zapproved LLC

Issue and track legal holds in seconds with automated software

by Zapproved LLC on

Sixth in a series of best practices for litigation readiness. When it comes to litigation readiness, time is of the essence. The faster you can issue a legal hold in response to a trigger event, the faster you can ensure...more

Zapproved LLC

Bridging the Gap: How To Translate Between Legal and IT

by Zapproved LLC on

Chances are, you’ve experienced some version of this exchange: What IT said: “No problem! We can absolutely collect all the data from that unauthorized application that nobody knew Employee Y was using for work...more

Zapproved LLC

Prepare data custodians for litigation response

by Zapproved LLC on

Fifth in a series of best practices for litigation readiness. The legal department may spearhead the company’s litigation response strategy, but success is dependant upon the cooperation of custodians. Every potential data...more

Zapproved LLC

The Bottom Line: Evaluating and Controlling Ediscovery Costs

by Zapproved LLC on

Forty billion dollars. That’s the approximate annual budget for discovery in the United States. Most of that discovery involves electronically stored information (ESI) rather than physical items or papers. It’s no...more

Zapproved LLC

The Third Ediscovery Best Practice: Recognize and Respond to Triggers

by Zapproved LLC on

Define and refine your response to litigation triggers for the GDPR launch. Every organization needs a plan for how it’s going to respond to the threat of litigation — but when does that plan go into effect, and how? If...more

Zapproved LLC

What is Microsoft® Office 365®?

by Zapproved LLC on

Understanding how Office 365 fits into your ediscovery workflow - Office 365 is Microsoft’s familiar Office suite, hosted in the cloud. In addition to Microsoft’s ubiquitous Word and Excel programs, Office 365 also...more

Zapproved LLC

Ediscovery Best Practices: Map All of Your Data Streams

by Zapproved LLC on

Mapping your data streams: know what ESI you have and where it is - How prepared is your company to respond to a litigation matter? If the thought of receiving a preservation letter in advance of a lawsuit or an...more

Zapproved LLC

What Is A Legal Hold?

by Zapproved LLC on

Legal Holds in Ediscovery: What They Are and When You Need Them - A legal hold, also known as a litigation hold, is the process by which an organization advises personnel when information must be preserved for potential...more

Zapproved LLC

What Is Preservation?

by Zapproved LLC on

Understanding the legal hold stage of discovery - Preservation is the process of keeping physical items and electronically stored information (ESI) intact for discovery during litigation. To preserve potential evidence,...more

Zapproved LLC

ePRO Can’t Escape Huge Sanctions for Willful Spoliation

by Zapproved LLC on

Klipsch Grp., Inc. v. ePRO E-Commerce Ltd., Nos. 16-3637-cv, 16-3726-cv (2d Cir. Jan. 25, 2018). In this interlocutory appeal, the Second Circuit upheld the lower court’s imposition of a $2.7 million discovery sanction in...more

Zapproved LLC

Slash Risk by Saying Goodbye to Manual Legal Holds

by Zapproved LLC on

The right automation software can help you avoid spoliation sanctions, improve your audit trails, and boost ROI - We all know that ediscovery can be expensive. But while we usually think of review as the most expensive...more

Zapproved LLC

What’s the Return on Investment for Automated Legal Hold Software?

by Zapproved LLC on

Learn the rewards of streamlining your legal hold process - If you’re still managing legal holds with an archaic conglomeration of spreadsheets, emails, and duct tape, you can do better. Today’s automated, cloud-based...more

Association of Certified E-Discovery...

When to Hold ‘Em; When to Fold ‘Em

Two weeks ago, I took the Certified E-Discovery Specialist (CEDS) exam. For those of you thinking about adding this certification to your resume, I encourage you to do it! It’s a challenging exam, but not impossible with a...more

Epiq

Evidence in the electronic age: the rise of the Sedona Canada Principles

by Epiq on

The world is moving from print toward electronically stored information (ESI), and the legal profession is no exception. Since ESI is discoverable, lawyers must understand the effects ESI can have on their discovery process....more

Epiq

Electronic Discovery Without Borders: Your Passport to Managing Multilanguage ESI

by Epiq on

Although litigators today benefit from advanced technology to research and organize their cases, the evolution of electronic data and the internationalization of business are adding new complications that require...more

Akerman LLP - HR Defense

An Employer’s Guide to Litigation Holds

by Akerman LLP - HR Defense on

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

Zapproved LLC

‘Lackadaisical’ Preservation Spurs Monetary Sanctions

by Zapproved LLC on

Hefter Impact Techs., LLC v. Sport Maska, Inc., No. 15-13290-FDS (D. Mass. Aug. 3, 2017). In this contract dispute, the court partially granted the plaintiff’s motion for sanctions, ordering the defendant to pay the costs...more

Kilpatrick Townsend & Stockton LLP

BYOD (Bring Your Own Device) Policies and Best Practices

Some of us may remember a time when companies were not as concerned about where their information was maintained, as most of it was kept in some form or fashion in file cabinets or individual desks, or perhaps stored offsite...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
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  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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