November 11, 2020

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

Litigation Hold Triggers and the Duty to Preserve Evidence

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

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

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

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

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.
August 29, 2016

“Possession, Custody & Control” Tackled by The Sedona Conference

"Possession, custody and control" of documents & ESI examined by the Sedona Conference. Taking a look into what they suggest.
April 25, 2016

The Government is Knocking. Prepared to Let ’em In?

    It is no secret that the Securities and Exchange Commission and Department of Justice stepped up investigation and prosecution of corporate wrongdoing. In fact the Yates […]
January 27, 2016

Why Are You Using Screenshots as Webpage Evidence? (Guest Post)

        A question we often get from attorneys is how to effectively capture social media and webpage evidence for use in litigation and […]
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