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Category Archive for: Spoliation of Evidence

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.

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

Depending on court, duty to preserve data in employee's personal cloud may arise if employer has "practical ability" access it or a "legal right" to info.

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Does Parent Company Have Duty to Ensure Subsidiary Preserves Documents?

Some courts hold that parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.

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Raise Spoliation Before Summary Judgment (or Forever Hold Your Peace)

If evidence spoliation is suspected, it might be best to bring it to the court's attention before responding to a summary judgment motion.

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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.

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Are Litigation 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 litigation hold procedures.

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

A quick recap of e-discovery related amendments to the Federal Rules of Civil Procedure effective December 1, 2015.

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The FRCP Amendments for Visual Learners [Infographic]

An infographic overview of amendments to the Federal Rules of Civil Procedure effective December 1.

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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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