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Data Management Evidence Data Preservation

Association of Certified E-Discovery...

How the Failure to Preserve Data from a Mobile Device Can Drastically Affect Trial Strategy

The importance of early planning and thorough preservation of electronic data cannot be overstated, especially when it comes to litigation. In a recent case, Two Canoes LLC v. Addian Inc. (April 30, 2024), the failure to...more

Association of Certified E-Discovery...

Spoliation Sanctions & Summary Judgment Denial: A Wake-Up Call for Mobile Device Preservation

A recent decision in ediscovery case law, Maziar v. City of Atlanta from June 10, 2024, underscores the crucial importance of early preservation, particularly regarding text messages from mobile devices. This case, presided...more

Association of Certified E-Discovery...

Public vs. Private ESI as Evidence Best Practices

In the evolving landscape of the legal industry, the management of electronically stored information (ESI) has become a focal point of discussion and strategy. With the digitization of records and communications, legal...more

Butler Snow LLP

SPEAK UP: Practical Recommendations for Rule 34 Product Inspections

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“Anybody else have something to say?” - Ted Lasso, S3 Ep 12 - Robert Burgett is a good neighbor. He keeps his yard tidy. And in the summer of 2010, in the rolling hills of eastern Kentucky near the town of Belfry,...more

EDRM - Electronic Discovery Reference Model

November’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published November 15, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

EDRM - Electronic Discovery Reference Model

Spoliation Motions Denied as Untimely – Another Wake-Up Call

In CSX Transportation, Inc. v. Spiniello Global, Inc., 2023 WL 5515979 (D. Md. Aug. 25, 2023)(Bredar, C.J.), the Court denied spoliation motions, in part because they were filed too late. The plaintiff owned and operated...more

EDRM - Electronic Discovery Reference Model

Revocation of Consent to Search Mirror Image of Laptop

In State v. McDonnell, __ Md. __,  2023 WL 4393297, at *1 (July 7, 2023), the Supreme Court of Maryland held that a person who had consented to seizure of his laptop, as well as to creation of a mirror image, could withdraw...more

Skadden, Arps, Slate, Meagher & Flom LLP

Premium on Preservation: Recent Delaware Rulings Underscore the Importance of Preserving Documents

Document discovery plays an essential role in litigation. Litigants and courts rely on documentary exhibits, along with witness testimony about such exhibits, to create a trial record. As a result, courts expect that parties...more

EDRM - Electronic Discovery Reference Model

April’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published April 19, 2023 and EDRM is grateful to Robert Keeling, Chair of the EDRM Global Advisory Council and our Trusted Partner, Sidley, for permission to republish.] This Sidley...more

EDRM - Electronic Discovery Reference Model

How DeNISTing and Deduplication Instantly Reduce Ediscovery Costs

The rise of data in the workplace means corporate legal teams are struggling to keep up with skyrocketing volumes from an ever-expanding list of sources when it comes to ediscovery. Data needs to be collected, processed,...more

Reveal

The Sedona Conference Commentary on Ephemeral Messaging

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In last week’s post, I discussed the challenges associated with ephemeral messaging, including a case where the use of an ephemeral messaging app at the wrong time contributed to the issuance of terminating sanctions against...more

Oberheiden P.C.

5 Keys to Picking the Best Digital Forensics Company

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From investigating cybersecurity breaches to conducting discovery in civil litigation, the practice of digital forensics plays an essential role in many aspects of companies’ compliance, data protection, and risk management...more

Association of Certified E-Discovery...

[Webinar] Top 5 Tips to Improve Your Custodian Compliance by 70% or More! - December 9th, 1:00 pm - 2:00 pm EST

What makes a great legal hold notification? We all know that legal holds are essential for ensuring evidence is preserved. But how do you get custodians to acknowledge legal holds the first time, not the tenth? And what would...more

Lighthouse

Case Preparation - Thinking out Loud! Summarized…

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Long gone are days when the majority of discovery records were kept in paper format. Documents, invoices, and other related evidence needed to be scanned and printed in the tens (if not hundreds) of thousands. Today, a huge...more

Hanzo

Spoliation Is Spooky! Preserving Collaboration Content Can Help You Avoid These Scary Scenarios

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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

Reveal

“I’ve Downloaded the Recording, Now What?” 3 (More) Considerations Regarding Zoom and eDiscovery

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There are a lot of people in the legal-tech community talking about the discoverability of Zoom data these days, particularly as the move to a remote workforce continues in the wake of the COVID-19 pandemic. As far as...more

Association of Certified E-Discovery...

[Webinar] Hold On! What Do You Mean By Preservation of Evidence? - October 21st, 2:00 pm - 3:00 pm BST

A Legal Hold, also known as litigation hold, document hold, hold order, or preservation order, has more commonly been a US term but organisations in the UK and Europe also need to ensure their data preservation practices are...more

Association of Certified E-Discovery...

[Webinar] SDPA and ACEDS OC eDiscovery Summer Refresher Session Three: In The Beginning - July 18th, 10:30 am - 11:30 am PDT

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

Association of Certified E-Discovery...

[Webinar] Essential Elements of a Preservation Plan - July 22nd, 1:00 pm - 2:00 pm ET

What makes a great legal hold process? We all know that preservation of evidence is the precursor to ediscovery and all ensuing negotiations and court proceedings. But how you recognize and respond to a preservation...more

Association of Certified E-Discovery...

[Webinar] Forensic Collection Best Practices: Achieving Accurate, Defensible and Proportionate Data Collection - February 24th,...

The success of any eDisclosure project, whether litigation, investigation or regulatory compliance, depends on the story that your data tells and often, how expeditiously you can acquire that data for analysis. Yet forensic...more

Association of Certified E-Discovery...

[Event] ACEDS San Francisco Chapter: Wine, Cheese, and ESI - February 19th, San Francisco, CA

Join the ACEDS San Francisco Chapter for a roundtable event focused on four specific areas of ESI/eDiscovery Orders (i.e. Preservation, TAR, Claw back, Delivery, Collection). Each of the four subjects will be sponsored by a...more

Reveal

Is eDiscovery Existing in a Post-Sanctions World?

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Is eDiscovery Existing in a Post-Sanctions World? The short (and obvious) answer is no. Rule 37(e) isn’t going anywhere. But recent case law indicates a trend where sanctions seem to be harder to come by, which may play...more

Association of Certified E-Discovery...

[Webinar] ACEDS Ohio Chapter and XDD: Updates on Social Media in eDiscovery - December 4th, 1:30 pm ET

For better or worse, social media has become an influential, indispensable part of our professional and personal lives. Its impact upon discovery is growing in parallel. New types of ESI are showing up as relevant evidence,...more

Association of Certified E-Discovery...

[Webinar] ACEDS Ohio Chapter, ILTA & XDD: E-Discovery Essentials: Best Practices From Collection to Production - December 4th,...

Electronically-stored information (ESI) has permeated business processes so completely that electronic discovery has become the norm in litigation and investigations rather than the exception. Although the core principles...more

Hanzo

If You’re Not Requesting Slack Data in Ediscovery—or Preserving It—What Are You Waiting For?

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When you start an ediscovery project, are you explicitly asking your opponents to produce data from the collaboration application Slack? Are you looking for relevant and helpful data within your own Slack channels and...more

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