Video | Tips for Managing the Preservation of Mobile Device Data
In a recent decision, In re Facebook Inc. Derivative Litigation, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery imposed litigation sanctions on a former officer and director of Meta Platforms, Inc....more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of October 14-20. Here’s what’s...more
In the ever-evolving landscape of eDiscovery, the privilege surrounding legal hold notices is increasingly being scrutinized. A recent decision in FTC v. Amazon.com, Inc. (July 9, 2024) brings this issue to the forefront,...more
Safeguarding against evidence spoliation ahead of litigations, audits, or investigations is a lot easier when you have a timely, defensible legal hold process. In this conversation, take a look at how to achieve this by...more
Today, we embark on a quest to unravel the triggers that ignite the legal hold process. It will be a wild ride as we navigate the realm of legal obligations and preservation. Or at least slightly more fascinating than one...more
Your friendly neighborhood Technocat is back to shed some light on the captivating topic of legal hold notices. (Riveting I know!) The legal hold process for Electronically Stored Information (ESI) is a crucial step in the...more
Hey there, data detectives! It’s TechnoCat, Cat Casey, back with a critical concept that underpins the whole eDiscovery rollercoaster ride. I’m talking about the infamous ‘Legal Hold’. No, it’s not a wrestling move, but it...more
Read these ediscovery collection best practices to learn why self-collection – or allowing clients to collect their own data – is dangerous. Picture this: it’s 1988 and you’re at your desk, poring over a veritable...more
E-Discovery is an ever-changing field. There’s always new technology cropping up—whether it’s a means of communication that legal teams need to account for or a new software solution that promises to change how e-discovery...more
A head-to-head match—and the winner is … Ediscovery can feel like a fight sometimes, with every choice feeling like a struggle: when do you initiate a legal hold? Which custodians are subject to that hold? What data do you...more
Generally, a litigation hold letter* will issue to preserve documents and information potentially relevant to a reasonably anticipated lawsuit. However, when does one’s duty to preserve potentially relevant documents end? ...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
Legal holds arise from the duty to preserve information for pending or reasonably anticipated litigation. Once litigation is contemplated, organizations have a legal obligation to prevent deletion and preserve potentially...more
A potential pitfall in navigating a litigated, or potentially litigated claim, is not properly preserving evidence. Attorneys and parties must preserve potentially relevant evidence when they know or should know, that a claim...more
In 2003 Judge Shira Scheindlin wrote “once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a 'litigation hold' to ensure the preservation of...more
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
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
The duty of (identification and) preservation is a foundational concept in our legal system that grows out of the common law concept of “spoliation,” which is more than 200 years old. Essentially, if courts exist to make...more
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
We’ve all been there: something happens that causes your organization to reasonably anticipate litigation, whether it’s the receipt of a preservation letter, a breach of a contract, or even service of a filed complaint....more
In past blogs, I have discussed the importance of issuing a litigation hold notice (“Hold”), as soon as a litigation is reasonably anticipated. I have also written about various best practices when drafting one’s Hold. [See...more
Preserving Evidence: •“The duty to preserve evidence begins when litigation is ‘pending or reasonably foreseeable.’” Micron Tech., Inc. v. Rambus, Inc., 645 F.3d 1311, 1320 (Fed. Cir. 2011) •“It is, of course, not...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
Manufacturers involved in litigation must properly preserve electronically-stored information (“ESI”) or potentially face daunting sanctions. A recent antitrust case, however, demonstrates that lessons—multi-million dollar...more
When the need arises, a litigation hold should be implemented quickly and effectively to avoid the inadvertent destruction or overwriting of potentially responsive data. The time to implement a litigation hold may be when it...more