October 7, 2020
Image of Locked Filing Cabinet for Article of Litigation holds and duty to preserve evidence

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
Image of a legal hold padlock

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
Image to stack of papers pad locked

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.
July 29, 2019

Does a 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.
May 9, 2019
Image of Lost ESI e-discovery

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.
August 7, 2018
Image of cloud computing legal ethics

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.
June 13, 2017

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

Depending on the court, duty to preserve data in employee's personal cloud may arise. Is is your responsibility?
April 25, 2017
Image of Supreme Court Justices

A Discovery Dispute Makes the Big Time (SCOTUS!)

The United States Supreme Court weighs in on sanctions for discovery misconduct. But, does it mean anything for e-discovery enthusiasts?
November 8, 2016
Image of ESI Protocol Checklist

15 Issues to Consider for E-Discovery and ESI Protocols

For those unfamiliar with e-discovery and ESI, negotiating an ESI protocol may seem daunting. Here are some things to look out for.