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Category Archive for: ESI Collection

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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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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E-Discovery Cooperation- Some Suggested Areas of Agreement

This article explains why cooperation is an important e-discovery concept and also provides some real-world suggestions about areas of cooperation.

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Do I Have to Agree to E-Discovery Search Terms?

E-discovery is a cooperative party-driven process. Agreement on search terms and methods is important. But, that does not mean you get everything you want.

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The Web Page Authentication Dance — A Two Step

Authenticating evidence from the web or social media is often a two-part question: 1) Did it actually appear on the web?; and 2) Who really posted it?

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Judge: “Come on, Just Use Deduplication.”

Judge: producing potentially duplicate documents from additional witnesses not a burden because deduplication features of ediscovery software may be used.

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The Government is Knocking. Prepared to Let ’em In?

If your company is the subject of a government investigation, will it be ready? Some action items to consider before the government comes knocking.

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How to Use an ESI Questionnaire to Streamline the Discovery Process

Using ESI questionnaires is a helpful way to get a grip on e-discovery aspects of a case and learn what information and documents witnesses possess.

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Why Are You Using Screenshots as Webpage Evidence? (Guest Post)

Webpage screenshots and authenticity problems may be a thing of the past thanks to Page Vault--an app to capture webpages for legal matters.

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E-Discovery & Legal Ethics – What to Do About It Part 5: Protecting ESI Integrity During Collection

The fifth in a series about e-discovery concepts addressed in legal ethics opinions. Protecting metadata and ESI integrity during collection is examined.

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