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[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
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
To collect or not to collect. That is the question. In discovery, parties must be proportional with what they preserve and collect – avoiding over-collection of information that is not needed, but at the same time not...more
Just a quick reminder to employers to PRESERVE THEIR RECORDS when litigation is not only pending but also threatened. "If you wait until the sheriff serves you with a summons and complaint, you may have waited too long....more
While your organization may not regularly be involved in costly or complicated litigation, there is always the potential for this to arise. Additionally, you may work in an industry that is heavily regulated and subject to...more
It is not, as many recent articles and blogs have discussed, just about whether relevant social media information can be discovered by one party in a lawsuit. It is also about what happens when a party fails to preserve...more