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Array

This Week in eDiscovery: A Realization About Redactions | Subpoenas in Oakley v. MSG

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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 January 12-18. Here’s what’s...more

Association of Certified E-Discovery...

How the Failure to Preserve Led to Production of the Legal Hold Notice

In EEOC v. Formel D USA, Inc. (September 12, 2024), the U.S. District Court’s ruling underscored a critical lesson for litigators: failure to preserve electronically stored information (ESI) can lead to severe sanctions,...more

EDRM - Electronic Discovery Reference Model

Failure to Show “Intent to Deprive” Leads to Denial of Rule 37(e)(2) Sanctions

A motion for spoliation sanctions under Fed.R.Civ.P. 37(e) was denied in Boshea v. Compass Marketing, Inc., 2024 WL 811468 (D. Md. Feb. 27, 2024). The motion was argued and decided during trial. The suit by a former...more

StoneTurn

eDiscovery and Forensic Investigations: Six Tips for Managing Company Messaging Protocols

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The world of workforce communication looks vastly different from 2020, including an increased blur between personal and business communications due to remote work environments and access to instant messaging and...more

BCLP

Discovery of Text Messages, IMs, DMs

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Text-messages-as-evidence has been a hot topic in the popular press lately. The Secret Service apparently lost some volume of text messages surrounding January 6 events even after congressional committees had requested...more

Association of Certified E-Discovery...

[Webinar] Don't Delete That! How to Preserve Social, Text & Collaboration Apps for Litigation - July 21st, 1:00 pm - 2:00 pm EDT

Companies and firms alike have greatly expanded their usage of different communication and collaboration platforms during the past 2 years, ranging from email, Microsoft Office 365, Slack, Box and others. These changes...more

EDRM - Electronic Discovery Reference Model

[Webinar] Don't Delete That! How to Preserve Social, Text & Collaboration Apps - May 25th, 1:00 pm - 2:15 pm ET

Don't Delete That! How to Preserve Social, Text & Collaboration Apps for Litigation - Companies and firms alike have greatly expanded their usage of different communication and collaboration platforms during the past 2...more

EDRM - Electronic Discovery Reference Model

[Webinar] Best Practices for Gathering and Analyzing Key Messaging Data - April 12th, 1:00 pm ET

After collecting, analyzing the volume of data found on devices can be overwhelming. Attorneys and eDiscovery practitioners need the ability to gather insights across a variety of data sources, especially third-party...more

Husch Blackwell LLP

The Difference Between Routine Document Destruction And Spoliation

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In today’s world, there is a tendency to believe that everything must be preserved forever. The common belief is that documents, emails, text messages, etc. cannot be deleted because doing so may be viewed as spoliation...more

Hanzo

Think You Don’t Need to Preserve Slack Data for Discovery? Think Again

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Remember the story that the Verge broke a few years ago—aka December 2019—about Steph Korey, the Away CEO who stepped down after former employees claimed that she created a “toxic work culture” through Slack messages? Away,...more

TransPerfect Legal

Four Techniques to Reduce E-Discovery Burdens by 40%

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E-discovery in the Big Data era has become cost-prohibitive to many litigants. Efforts to address this problem through amendments to the rules of civil procedure have been, unsurprisingly, slow. Fortunately, new technologies...more

Association of Certified E-Discovery...

[Webinar] Email Investigation Best Practices: What We’ve Learned From Recent FOIA Releases - July 23rd, 1:00 pm - 2:00 pm ET

The smoking gun isn’t a gun anymore; it’s an email, text or instant message. This interactive session will focus on strategies and best practices around email investigations illustrated with real documents obtained through...more

Foley & Lardner LLP

Text Messages, EDiscovery, and the New Threat to Privacy

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Maybe some of you will look at the title of this article, smirk, and dismissively mutter that there is nothing new about text messages. eDiscovery practitioners also may think there is nothing revolutionary about considering...more

Dechert LLP

Sweat the Small Stuff: Delaware Court of Chancery Faults Acquirer for Failing to Deliver Notice to Extend End Date

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The Delaware Court of Chancery has ruled that an acquirer and target company’s joint efforts to obtain antitrust approval for a merger did not substitute for, or satisfy, the merger agreement’s requirement to send written...more

Morris James LLP

Court of Chancery Addresses Discovery Obligations Regarding Text Messages

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In re Appraisal of Kate Spade Company, C.A. No. 2017-0714-AGB (Del. Ch. June 21, 2018) - The duty to collect and produce non-privileged relevant information extends beyond email to text messages and other forms of...more

Epiq

Three Steps to Avoid Legal Data Preservation Pitfalls

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Electronic communication is the new normal in every walk of life, including the corporate world. Communicating on a mobile device anytime from anywhere has several positive attributes. While this is extremely appealing to...more

Epiq

2017 eDiscovery Case Law Review

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Electronic discovery cases that made headlines in 2017 featured well-known names such as Taylor Swift and Lynyrd Skynyrd, and reached all the way to the U.S. Supreme Court. As the year draws to a close, it’s a good time to...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - October 2017

The eighth 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

Skadden, Arps, Slate, Meagher & Flom LLP

"The E-Discovery Digest - March 2017"

The sixth 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

Downey Brand LLP

California Supreme Court Rules Public Officials' and Employees' Personal Accounts Do Not Escape Reach of Public Records Act

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On March 2, 2017, the California Supreme Court ruled in City of San Jose v. Superior Court that where a public employee uses a personal email account or texts to communicate about the conduct of public business, those...more

Porter Hedges LLP

Business Litigation Alert: "The Danger of Emails - A Cautionary Tale for the New Year"

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Martin Shkreli was a lightning rod for controversy during the time he served as the CEO of Turing Pharmaceuticals, but it’s his actions from a previous company that are now landing him in serious legal hot water, and his own...more

K&L Gates LLP

Important Changes in Litigating Oil and Gas Cases in Federal Court: What the 2015 Amendments to the Federal Rules Mean for Oil and...

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Many oil and gas disputes are litigated in federal court. In recent years, federal litigation has undergone significant changes in discovery practices and rules. For example, with the increase in electronically stored...more

Womble Bond Dickinson

Middle Market Company Focus: Avoiding Emails that Hurt or Embarrass Your Company

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Email communication is vital to just about every business. But in-house counsel know that what employees write in an email can come back to haunt their company. Womble Carlyle attorney Meredith McKee and Carolinas...more

BakerHostetler

Collusion Course: The Limits of Hot Documents

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Discovery in antitrust cases often involves a search for smoking-gun documents. Those documents can consist of emails proving that competitors conspired to raise prices, removing the difficulties faced by prosecutors or civil...more

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