October 7, 2020
Image of Locked Filing Cabinet for Article of Litigation holds and duty to preserve evidence

Litigation Hold Triggers and the Duty to Preserve Evidence (2020 Edition)

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 27, 2020
litigation hold attorney client privilege

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.
July 29, 2019

Does a Parent Company Have Duty to Ensure Subsidiary Preserves Documents and ESI?

Some courts hold that parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.
May 9, 2019
Image of Lost ESI e-discovery

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
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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.
June 13, 2017

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

Depending on the court, duty to preserve data in employee's personal cloud may arise. Is is your responsibility?
April 25, 2016
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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 […]
November 30, 2015

The Big Day is Here: FRCP E-Discovery Amendments Go Live

Well, the day is finally here. Amendments to the Federal Rules of Civil Procedure addressing e-discovery (among other things) are effective December 1, 2015.   If […]
June 5, 2015

What You Need to Know About the FRCP E-Discovery Amendments

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, […]