A lawyer's duty to prevent evidence destruction does not end when they hit send on a legal hold email. Both in-house counsel and outside counsel are responsible for overseeing the implementation of and compliance with legal holds.
Responding to proliferation of electronic evidence, changes to evidence rules will limit the "ancient documents" hearsay exception to pre-1998 documents.
Changes to Federal Evidence Rule 902 effective December 1 allow "self authentication" of certain electronic evidence and electronically stored information.
Law firm awareness of changes to in-house legal operations has been slow to catch on, but outside counsel can only benefit if they start paying attention.
Is uploading info into file sharing sites without password protection the same as leaving it on a park bench? One judge thought so but another disagreed.
The first step in reducing document review costs is culling data to include only potentially relevant documents. Here are a few culling techniques we use.
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