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Discovery Data Preservation Data Deletion

Association of Certified E-Discovery...

How Apple’s Failure to Suspend its Retention Policy Resulted in Siri-ous Sanctions: A Cautionary Tale for Litigation Professionals

In a recent ruling in Lopez v. Apple, Inc., Apple faced significant sanctions for failing to suspend its automated data deletion policy for Siri recordings after the initiation of litigation. This case is a  reminder of the...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for April - April 23rd, 1:00 pm - 2:00 pm ET

No one else can “eclipse” our coverage of eDiscovery case law! Our April 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes related to relevance and privacy of an unpublished autobiography,...more

Array

Don’t Slack on Slack data retention

Array on

Employee communication methods have undergone a dramatic makeover during the past five years — indeed, it sometimes seems, from month to month. Slack, a collaboration tool for workplaces, has been among the forces upending...more

Association of Certified E-Discovery...

[Webinar] Don't Delete That! How to Preserve AI, Social, Text & Collaboration Apps for Litigation - October 18th, 1:00 pm - 2:00...

Companies and firms alike have greatly expanded their usage of different communication and collaboration platforms during the past 3 years, ranging from email, Microsoft Office 365, Slack, Teams, ChatGPT, and others. These...more

Association of Certified E-Discovery...

Technocat Tidbits: What is a Legal Hold Notice?

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

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for August 2023 - August 30th, 1:00 pm - 2:00 pm ET

It’s not a heat wave, it’s a wave of hot eDiscovery case law disputes! Our August 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a motion to compel a forensic examination...more

EDRM - Electronic Discovery Reference Model

Duty to Preserve Triggered in Administrative Appeal of Employment Decision

In Jennings v. Frostburg State University, 2023 WL 4205665 (D. Md. June 27, 2033), defendants wiped two cell phones of departing employees after the duty to preserve was triggered.  The Court’s duty to preserve analysis –...more

Association of Certified E-Discovery...

[Webinar] Mastering Legal Holds: Sustaining Defensibility and Efficiency Amidst Growing Data Risks - September 29th, 1:00 pm -...

With people working remote and new data locations (cloud, collaboration apps, mobile, etc.) where relevant data to legal matters can be stored, it’s imperative that legal teams re-assess their legal hold processes. ...more

Hanzo

Why Not Just Retain Everything In Slack?

Hanzo on

Remember the early days of email when there was such a thing as a clean and organized inbox? I remember I would even create separate folders and organize my messages according to themes. And then at some point, that effort...more

TransPerfect Legal

Ephemeral Messaging and the Duty to Preserve

TransPerfect Legal on

Short, often informal messages have become an increasingly prevalent form of business communication. Whether by sending a simple text message or using a communication application like WhatsApp, Slack, or MS Teams, employees...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

Association of Certified E-Discovery...

It’s Time We Talked About In-Place Preservation (and Other Transformative E-Discovery Technologies)

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

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

Reveal

2021 eDiscovery Case Law Wrap-Up

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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

Reveal

Use of Ephemeral Messaging Apps Can Make Your Document Retention Policy Disappear

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In the past year and a half, I’ve written about at least three cases involving the use of ephemeral messaging apps during litigation. As you can imagine, the ramifications for doing so weren’t great. But what about using...more

Hanzo

Applying Data Retention Policies to Slack Data

Hanzo on

Be honest: does your office look like this? There are two basic approaches to managing stuff of all kinds, from paper and digital files to clothing and personal items: are you more of a maximalist who keeps everything or a...more

Hanzo

Slack Now Supports Preserve-in-Place Ediscovery

Hanzo on

How much data is your organization obligated to preserve for ediscovery in a pending or anticipated litigation matter? What steps should you take to preserve that data?...more

Association of Certified E-Discovery...

[Webinar] Mastering Legal Holds: Sustaining Defensibility Amidst Growing Data Risks - October 7th, 1:00 pm - 2:00 pm EDT

With people working remote and new data locations (cloud, collaboration apps, mobile, etc.) where relevant data to legal matters can be stored, it’s imperative that legal teams re-assess their legal hold processes. Watch...more

TransPerfect Legal

Self-Collection and the Best Evidence Rule

TransPerfect Legal on

In a case that has particular salience in today’s era of social media, the Eastern District of Texas in Edwards v. Junior Sate of Am. Found., CIVIL NO. 4:19-CV-140-SDJ (E.D. Tex. Apr. 23, 2021), excluded screenshots and other...more

Reveal

[Webinar] The Future of Legal Hold: Everything Legal Counsel Needs To Know - May 27th, 1:00 pm - 2:00 pm EDT

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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

Onna Technologies, Inc.

Early case assessment for the cloud

The concept of early case assessment (ECA) hasn’t changed with the times — the name of the game is still getting a clear, upfront picture of the issue at hand, as well as any liabilities or potential costs. But what has...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

Reveal

Now You See the Evidence, Now You Don’t

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When it comes to eDiscovery, lawyers have plenty of challenges to deal with – including challenges to address even before the case is filed. Add “disappearing evidence”(!) to that list of challenges. If you read this blog...more

Hanzo

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

Hanzo on

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

Association of Certified E-Discovery...

[Webinar] In-Place Preservation: Hype or Cutting Edge - June 3rd, 1:00 pm - 2:00 pm ET

There has been a lot of discussion around In-Place Preservation (IPP) over the past few years, but many in the legal industry are still unsure what its potential for eDiscovery, data privacy, and compliance may be. Join this...more

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