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Association of Certified E-Discovery...

How the Failure to Preserve Led to Production of the Legal Hold Notice

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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

EDRM - Electronic Discovery Reference Model

Garden Variety: Byte Fed. v. Lux Vending

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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

EDRM - Electronic Discovery Reference Model

Optimizing the Remote Reach: Strategies for Secure and Efficient Data Collection

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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

EDRM - Electronic Discovery Reference Model

June’s Notable Cases and Events in E-Discovery

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[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

Association of Certified E-Discovery...

More Evidence that the Continued Use of General Objections Risks Waiver in eDiscovery

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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

EDRM - Electronic Discovery Reference Model

StubHub: Modification of ESI Protocol and Denial of Sanctions – Performance Was Impossible

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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

EDRM - Electronic Discovery Reference Model

May’s Notable Cases and Events in E-Discovery

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[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

EDRM - Electronic Discovery Reference Model

Bad Things Can Happen When Company Officers Use Their Private Email Accounts for Work

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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 - Electronic Discovery Reference Model

What’s All the Fuss About Linked Attachments?

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[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

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for November 2023 - November 16th, 1:00 pm - 2:00 pm ET

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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

EDRM - Electronic Discovery Reference Model

June’s Notable Cases and Events in E-Discovery

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[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

EDRM - Electronic Discovery Reference Model

How Email Threading Speeds Up Your Review Process

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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

Association of Certified E-Discovery...

Departing Employees, Data Theft, and Digital Forensics

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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

Hanzo

Think You Don’t Need to Preserve Slack Data for Discovery? Think Again

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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

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