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Discovery Spoliation Data Management

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

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

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

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

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

Reveal

3 Challenges Corporate Legal Teams Face With BYOD

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Today’s eDiscovery Blues comic highlights several challenges In-House legal teams might face when working with data in the face of litigation, starting with the sinking feeling that comes when you ask yourself, “Is the I.T....more

Hanzo

Ediscovery 101 For Collaboration: What happens if you don’t preserve Slack communications and someone asks for them in ediscovery?

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As the world embraces a more collaborative way of working and uses new applications like Slack to communicate with one another, there is a corollary impact on other areas of the business such as how does legal manage the data...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

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

Seyfarth Shaw LLP

Court Sanctions Defendant for Failure to Preserve Text Messages in Copyright Infringement Suit Brought by Prince’s Estate

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This is what it sounds like, when sanctions are granted. In March 2019, a federal judge in Minnesota sanctioned Defendants for their failure to preserve text messages in a copyright infringement suit brought in part by the...more

Hanzo

5 Reasons You Need an eDiscovery Playbook for Managing Your Enterprise Slack Data

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The collaboration app Slack sounds, from its full name, like it should be designed for discovery in litigation—“Slack” is actually an acronym for “Searchable Log of All Conversation and Knowledge.” Isn’t that what we’re...more

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