September 22, 2021
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
Compelling a forensic examination of a computer hard drive generally requires a showing of discovery misconduct by the device owner.
December 16, 2020
Parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.
May 9, 2019
Under the FRCP, ESI and other discovery may not be considered "lost" if it can be restored or replaced through additional discovery.
October 31, 2017
Is uploading info into file sharing sites without password protection the same as leaving it on a park bench? One judge thought so but another disagreed.
April 25, 2016
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 […]
June 5, 2015
As referenced in prior posts, amendments to the Federal Rules of Civil Procedure addressing e-discovery and electronically stored information (ESI) are closer to adoption. On April 29, […]