July 29, 2019

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

If a subsidiary business is embroiled in a legal dispute, must the parent company see to it that the subsidiary preserves materials relevant to the dispute? […]
May 9, 2019
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Is That Discovery or ESI You Want Really Lost?

Before you get all fired up and shoot off an email to opposing counsel with the obligatory threat of sanctions because his/her client did not preserve […]
August 7, 2018
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Discovery of Salesforce.com (and SaaS) Data in Civil Litigation

  Salesforce.com develops customer relationship management software that is, among other things, used to track sales activities. Salesforce.com products are offered as software as a service or, SaaS.  This means users do […]
February 14, 2018

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

Who knew the topic of legal holds is so engaging? Articles about legal and litigation holds turn out to be some of our most popular reads. […]
June 13, 2017

Does Employer Have a Duty to Preserve Employee’s Personal Cloud Storage

  Does an employer have a duty to preserve evidence relating to a lawsuit saved in an employee’s personal cloud storage account? It depends on the court […]
April 25, 2017

A Discovery Dispute Makes the Big Time (SCOTUS!)

Likely to the delight of many a district court judge, a discovery dispute made its way into the rarefied air of the United States Supreme Court. […]
January 16, 2017
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Litigation Hold Triggers and the Duty to Preserve Evidence

For a party to meet its obligation to produce relevant evidence during the discovery phase of litigation, they must first meet their obligation to preserve evidence. […]
November 8, 2016
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15 Issues to Consider for E-Discovery and ESI Protocols

Under Federal Rule of Civil Procedure 26(f) and some state court rules like Colorado’s CAPP Rule 6.1, litigants are required to meet and confer early in a […]
September 9, 2016
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Are Litigation Hold Notices Protected by Attorney-Client Privilege?

  Generally, litigation hold notices are privileged, protected by the attorney-client privilege or work product doctrine. See, e.g. Gibson v. Ford Motor Co., 510 F. Supp. […]