Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
The Growing Role of Social Media in Litigation and How to Prepare for It
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
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
To better understand how technology continues to affect the legal industry, you just have to look at case law and the resulting court rulings, particularly in regards to eDiscovery and the Federal Rules of Civil Procedure...more
When it comes to a pending litigation, the duty to preserve electronic data is clearly laid out in the Federal Rules of Civil Procedure (FRCP)... But when it comes to the actual process of letting custodians know they need...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
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
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
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
Over the past year, I have blogged about ESI rules and best practices for identification, preservation and collection of ESI. In this blog I want to focus on the potential consequences for inadequate efforts in any of these...more