March 10, 2022

What is ECA (Early Case Assessment) and Why is it Important?

Early case assessment (ECA) provides an opportunity to understand evidence and also presents opportunities for fact finding and cost savings.
September 22, 2021

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

Depending on the court, a duty to preserve data in employees' personal cloud may arise if the employer has "practical ability" to access it.
August 26, 2021

When Must Litigant Provide Computer to Opponent for Examination?

Compelling a forensic examination of a computer hard drive generally requires a showing of discovery misconduct by the device owner.
August 18, 2021

The Sedona Conference Weighs in on Ephemeral Messaging

The Sedona Conference examines legal and regulatory issues presented by ephemeral messaging, the benefits and risks of using the messaging apps, and offers a policy framework for both businesses and courts.
August 1, 2021

What is a Computer File’s Hash Value?

ESI and electronic files have a "hash value" (a string of alphanumeric characters) used to identify duplicates and confirm authenticity.
July 6, 2021

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

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

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.