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Category Archive for: ESI preservation

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

"Possession, custody and control" of documents & ESI examined by Sedona Conference. Suggests actual possession or legal right to material is proper test.

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The Web Page Authentication Dance — A Two Step

Authenticating evidence from the web or social media is often a two-part question: 1) Did it actually appear on the web?; and 2) Who really posted it?

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

If your company is the subject of a government investigation, will it be ready? Some action items to consider before the government comes knocking.

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

Webpage screenshots and authenticity problems may be a thing of the past thanks to Page Vault--an app to capture webpages for legal matters.

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Are Monetary Spoliation Sanctions Available for Non-Monetary Claims?

Monetary sanctions--even punitive damages--are proper sanctions for evidence spoliation. But what about cases in which monetary damages are not recoverable?

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E-Discovery & Legal Ethics – What to Do About It Part 3: Identification of ESI Custodians

Identification of ESI Custodians is examined in this post, the third in a series discussing legal ethics regarding e-discovery competency.

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E-Discovery & Legal Ethics – What to Do About It Part 2: ESI Preservation

Preservation of ESI is examined in this post, the second in a series discussing issues raised in legal ethics opinions regarding e-discovery competency.

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Why Clients Shouldn’t “Self-Select” Documents for E-Discovery

A recent court opinion demonstrates why it is often inadvisable to let data custodians collect their own documents for discovery in litigation.

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What is ECA (Early Case Assessment)?

Early case assessment (ECA) as it relates to e-discovery is a pre-document review analysis of electronically stored information relating to a legal matter.

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The 5 Ws (and 1 H) of ESI Custodian Interviews

The heart of ESI custodian questionnaires and interviews is really just the 5 Ws (and 1 H)-who, what, where, when, why and how.

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