July 6, 2021
For those unfamiliar with e-discovery and ESI, negotiating an ESI protocol may seem daunting. Here are some items to consider including.
April 21, 2021
A distributed workforce may present different document retention and preservation challenges than when employees are in the office.
March 11, 2021
A comparison of Microsoft Core eDiscovery and Advanced eDiscovery with an explanation of licenses needed to access Microsoft eDiscovery tools.
December 16, 2020
Parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.
November 11, 2020
Know the limitations of Microsoft Office 365 eDiscovery search and how to optimize search results with other software and workarounds.
October 7, 2020
Implementing a legal hold to preserve relevant information is required upon a credible threat of litigation and preservation efforts must be reasonable. But...sanctions for spoliation of evidence are only available if prejudice is shown.
June 28, 2020
Evidence preservation does not end with a legal hold email. Both in-house and outside counsel are responsible for legal hold compliance.
June 27, 2020
Litigation hold notices are generally privileged, but the privilege may be lost if evidence is spoliated or through use of poor legal hold procedures.
May 9, 2019
Under the FRCP, ESI and other discovery may not be considered "lost" if it can be restored or replaced through additional discovery.