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Category Archive for: Electronically Stored Information (ESI)

Does Parent Company Have Duty to Ensure Subsidiary Preserves Documents and ESI?

Some courts hold that parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.

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Is That Discovery or ESI You Want Really Lost?

Under the FRCP, ESI and other discovery may not be considered "lost" if it can be restored or replaced through additional discovery.

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How Much Privilege Review is Required Under a Clawback Agreement?

Clawback agreements are a good way to limit the impact of disclosing privileged information, but even with them, some privilege review is necessary.

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Statistical Sampling in Electronic Discovery and Other Legal Document Reviews

How random and statistical sampling is used in e-discovery and other types of legal projects projects to improve accuracy, save time, effort and money.

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People Are Really Interested in Subpoenas… Who Knew?

Every year we look our most read articles. This year, people are very interested in subpoenas for documents and electronically stored information (ESI).

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Your Opponent Didn’t Produce Gmail. Just Subpoena Google, Right? Nope.

The Stored Communication Act (SCA) prohibits email service providers from producing the content of email messages in response to subpoenas.

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Discovery of Salesforce.com (and SaaS) Data in Civil Litigation

Salesforce.com and SaaS data preservation must be confirmed and attorneys must understand technology to ensure compliance with discovery obligations.

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The Mandatory Initial Discovery Pilot Year One: An (Unscientific) Study

An Illinois federal court surveys attorneys on expedited discovery rules. Despite negative responses, the MIDP program might be meeting some of its goals.

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Document Production with a Load File Error? 3 Common Fixes

Did you just receive a document production with a load file error? You are not the first and will not be the last. So, to make your life easier, we discuss three common load file snafus and how to remedy them.

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Attorneys’ Duty to Implement Legal Hold Does Not End After Hitting Send

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.

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