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Record Preservation

Wiley Rein LLP

AI Risks for Government Contractors: Navigating Disputes and Litigation

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On this episode of Wiley’s Government Contracts podcast, Nick Peterson joins host Craig Smith to discuss the challenges and risks that come with the use of artificial intelligence (AI) tools by government contractors and...more

White and Williams LLP

Getting Control of an Accident Scene and Ensuring Evidence is Preserved

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The newest episode of the Subro Sessions podcast, hosted by associates, Ryan Bennett and Melissa Kenney, is entitled “Getting Control of an Accident Scene and Ensuring Evidence is Preserved.” Ryan and Melissa discuss fire...more

Pagefreezer

5 Reasons Organizations Should Be Archiving their Social Media Accounts

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In an era where a single social media mishap can spiral into a legal nightmare, social media archiving is increasingly becoming a safety net for organizations....more

Alston & Bird

Preservation Obligations for Ephemeral Messaging Will Not Disappear

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As companies expand communications technologies, federal antitrust agencies expand their enforcement efforts. Our White Collar, Government & Internal Investigations and Antitrust Teams reveal the latest guidance from the...more

Nelson Mullins Riley & Scarborough LLP

FTC and DOJ Update Guidance to Reinforce Preservation Obligations Regarding Messaging Applications and Tools

Anyone who has ever received a civil investigative demand, subpoena, second request, voluntary access letter, or other form of compulsory process from a federal antitrust regulator knows that the government’s standard...more

Esquire Deposition Solutions, LLC

The Trial Is Over, So Why Schedule a Deposition?

Depositions are a potent pretrial discovery and trial preparation tool. They allow parties to gather information regarding any non-privileged matter that is relevant to a party’s claim or defense. Through depositions,...more

BakerHostetler

The SEC Provides 4 Million Reasons to Ensure Required Records Are Maintained

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Reconciling Recordkeeping Requirements Against the Prudence of Data Remediation - As we have covered in previous alerts, the SEC and other regulators have intensified their scrutiny of the retention of electronic...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

Oberheiden P.C.

FTC Investigation Defense: 10 Keys to a Favorable Outcome

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The U.S. Federal Trade Commission (FTC) holds primary responsibility for enforcing the nation’s consumer protection and antitrust laws. While the FTC actions have traditionally focused on targeting large companies suspected...more

Hanzo

An Overview of Compliance Regulations for the Mortgage Industry

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When it comes to making sure financial data is safe and meets compliance regulations, understanding the different regulatory bodies that affect the mortgage industry is a vital first step. Here are just a few to consider....more

BCLP

The perils of preservation

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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

Bilzin Sumberg

SEC Probes Recordkeeping Lapses Arising from Use of Personal Emails and Messaging

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In the last few weeks, several major U.S. financial institutions have disclosed to investors that the United States Securities and Exchange Commission (“SEC”) and/or the Commodities Future Trading Commission (“CFTC”) are...more

Morgan Lewis

Dawn Raid Golden Rules

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Don’t obstruct: Be professional and cooperative. Don’t destroy documents or other evidence. Call counsel immediately to protect your rights. Keep a record of what is searched, what is taken, who was involved in...more

Furia Rubel Communications, Inc.

Preserving Black History in Bucks County, PA, with Recorder of Deeds Robin Robinson: On Record PR

Join us as guest host Sarah Larson. goes on record with, with Robin Robinson, recorder of deeds in Bucks County, Pennsylvania to discuss the historic deed book restoration project....more

Stokes Wagner

Preservation of Evidence

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2020 forced millions of employers to adapt their business models to allow employees to work from home and it looks as if this trend will continue indefinitely for many employers. With this in mind, employers should be aware...more

Hogan Lovells

Coronavirus and civil procedure: Preservation of evidence in times of COVID-19 (under German law)

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Companies are having to devote considerable attention to the coronavirus crisis at the present time. However, in view of the current turbulence affecting business, it is equally important to be aware of any legal disputes...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - March 2020: 315(b) Jurisdictional Issues Can Still Be Waived if not Raised at the Board

In Acoustic Technology v. Itron Networked Solutions, the Federal Circuit was faced with a situation in which the Petitioner’s real party-in-interest/privy changed after institution, although the change was in the works before...more

Rumberger | Kirk

Find Your Footing: Don’t stumble when it comes to slip-and-fall claims

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Some regard slip-and-fall claims as nuisance litigation and often make billboard plaintiffs’ lawyers the butt of jokes. But, occasionally, these claims represent catastrophic injuries with verdicts to match, and even garden...more

Troutman Pepper

New Best Practices Under E-Discovery Spoliation Rule

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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

Franczek P.C.

Board’s Failure to Keep Record Results in Court’s Reversal of Board’s Decision

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A recent Illinois Appellate Court decision highlights the importance of keeping a complete record of board proceedings that are subject to judicial review. In Board of Education of Kewanee School District 229 v. The Regional...more

Baker Donelson

Recent Court Decision Shows Best Way to Handle Civil Investigative Demands

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The United States Department of Justice (DOJ) is authorized by the False Claims Act (FCA) to issue Civil Investigative Demands, commonly known as CIDs. 31 U.S.C. § 3733. The DOJ has made increasing use of CIDs to obtain...more

Hanzo

The Pros and Cons of Using APIs for Web Archiving

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If you’re a regular reader of Hanzo, we’ve probably already convinced you that you need to be archiving any social media profiles that your organization maintains, along with your website. Chances are you’ve heard us talk...more

Hanzo

WARC and WORM Digital Storage: Web Archiving Essentials

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WARCs? WORMs? Is this a lost installment of the Lord of the Rings? Unfortunately, no. Rather, WARC and WORM are abbreviations that you should be familiar with if you’re maintaining digital archives for regulatory compliance,...more

Holland & Knight LLP

Disclosure Scheme Implemented in Certain Divisions of the High Court of England & Wales

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What Is It? A two-year pilot scheme running in certain divisions of the English High Court, designed to reduce the volume of disclosure documents (discovery) produced in English litigation. What Will It Mean? In some...more

Epiq

New Disclosure Pilot Scheme Begins in England and Wales

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Parties with matters taking place in England and Wales need to be aware of a new disclosure pilot scheme that has become mandatory, with some exceptions, in English and Welsh business and property courts. These courts cover...more

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