July 6, 2021
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15 Issues to Consider for E-Discovery and ESI Protocols (2021 Update)

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
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Data Retention Policies and Legal Hold Practices – Time to Revisit Because of Remote Work?

A distributed workforce may present different document retention and preservation challenges than when employees are in the office.
March 11, 2021
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What Version of Microsoft 365 Do We Need for eDiscovery?

A comparison of Microsoft Core eDiscovery and Advanced eDiscovery with an explanation of licenses needed to access Microsoft eDiscovery tools.
December 16, 2020

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

Parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.
November 11, 2020
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Augmenting Microsoft 365 eDiscovery Search Capabilities for Best Results

Know the limitations of Microsoft Office 365 eDiscovery search and how to optimize search results with other software and workarounds.
October 7, 2020
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Litigation Hold Triggers and the Duty to Preserve Evidence (2020 Edition)

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

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
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Are Legal Hold Notices Protected by Attorney-Client Privilege?

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
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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.