Evidence Preservation: Handling the Issues in New York and New Jersey
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 July 29 to Aug. 4. Here’s...more
In the intricate world of legal proceedings, the duty to preserve evidence plays a pivotal role, particularly when it involves video evidence that can unequivocally substantiate claims or defenses. The recent decision in Nagy...more
This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: an order from the U.S. District Court for the Northern District of California requiring the Defendant to...more
I always advocate for civility and cooperation in e-discovery. But, it may be prudent to expressly threaten a lawsuit in a preservation notice. It may also be cautious to avoid offering to settle a claim in that notice. If...more
Implementing legal holds quickly and effectively is key to maintaining defensibility during litigation and investigations. When a matter involves U.S. law, parties have a duty to preserve relevant information once litigation...more
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
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
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
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
There is an ever-increasing volume of data generated by businesses. In an effort to reduce storage costs and ameliorate privacy concerns, companies have embraced ephemeral, or self-destructing messaging. And, while...more
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 determine...more
The Background: Technology has transformed the way that directors receive and review information and communicate with each other and with management. The Issue: Although many modern board practices are more secure and...more
Within two years of its implementation, several cases show that amended Rule 37(e) is having its intended impact, as judges are carefully applying the criteria articulated in the Rule prior to ordering curative measures or...more
A “litigation hold plan” guides an organization in carrying out its evidence preservation obligations. Many factors come into play when the need to preserve records is triggered, and each organization has unique systems,...more