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 8, 2021

Employee Theft Investigation: a Digital Forensics Case Study

An overview of the investigation techniques our digital forensics team used to uncover employee data theft of sensitive customer information.
August 31, 2021

Do Email Messages Have to Be Produced With Attachments in Litigation?

There is no hard and fast rule. But, there are a few legal arguments to support producing email messages with attachments.
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.
July 31, 2021

5 Things to Include in an ESI and E-Discovery Clawback Agreement

5 provisions to include in "clawback" agreements to protect attorney-client privilege and "claw back" privileged information produced in discovery.
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.
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.
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.