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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
The so-called “modern attachments” found in emails, collaboration software platforms like Slack and MS Teams, and other digital formats are presenting interesting and frustrating challenges for legal professionals in terms of...more
My esteemed colleagues, Kelly Twigger and Doug Austin, both posted about a recent discovery decision out of a federal district court in Florida, case no. 8:23-cv-102-MSS-SPF, styled, Byte Fed., Inc. v. Lux Vending LLC. and...more
The digital revolution has irrevocably transformed the way we conduct business, and investigations are no exception. The surge in remote work models has rendered traditional on-site data collection methods increasingly...more
[Editor’s Note: This article was first published June 18, 2024 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 the...more
United States Magistrate Judge Sean Flynn’s recent decision in Byte Fed., Inc. v. Lux Vending LLC, is another in a long line of cases enforcing the 2015 amendments to the Federal Rules requiring specificity in objections to...more
In In re StubHub Refund Litigation, 2924 WL 2305604 (N.D. Ca. May 20, 2024), the court addressed important issues such as modification of an ESI Order and sanctions in the context of “modern attachments” a/k/a “pointers,”...more
[Editor’s Note: This article was first published May 15, 2024 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 the...more
It is generally unwise to use private email accounts for company business. Clark v. Council of Unit Owners of the 100 Harborview Drive Condominium Association, 2024 WL 2155021 (D. Md. May 13, 2024)(Quereshi, J.), provides a...more
[EDRM Editor’s Note: The opinions and positions are those of Craig Ball. This article is republished with permission and was first published on March 29, 2024.] In the E-Discovery Bubble, we’re embroiled in a debate over...more
It’s time to be thankful – for eDiscovery case law! Our November 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses permissive inference sanctions for destruction of video, sanctions for failing to...more
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
[Editor’s Note: This article was first published June 14, 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
[Editor’s Note: This article was first published May 17, 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 Update...more
Organizations that use Gmail for business communications need a way to preserve and extract discoverable information in the event of litigation. But that’s easier said than done....more
Organizations that use Gmail for business communications need a way to preserve and extract discoverable information in the event of litigation. But that’s harder than it would appear at first glance. This is the first in...more
Did you know more than 150,000 emails are sent every minute? That makes the number of emails sent on an average day over 200 million! That’s a lot of email. And a lot of data to go with it. It should come as no surprise,...more
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
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
Riddle me this: Is a document that resides on your network and which you embed in an email via a hyperlink the functional equivalent of an attachment to that email? Magistrate Judge Katherine H. Parker, in a recent...more
In late 2019, it was reported by Infosecurity Magazine that 72% of former employees admitted taking company data with them upon departure. Determining what actions a former employee took on a company device leading up to...more
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
Slack is the new email - Slack has become a massively-important workplace collaboration tool that millions are using. We complained about email for years. Slack has answered that complaint and has successfully lured many...more
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