July 29, 2019

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

If a subsidiary business is embroiled in a legal dispute, must the parent company see to it that the subsidiary preserves materials relevant to the dispute? […]
May 9, 2019
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Is That Discovery or ESI You Want Really Lost?

Before you get all fired up and shoot off an email to opposing counsel with the obligatory threat of sanctions because his/her client did not preserve […]
August 7, 2018
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Discovery of Salesforce.com (and SaaS) Data in Civil Litigation

  Salesforce.com develops customer relationship management software that is, among other things, used to track sales activities. Salesforce.com products are offered as software as a service or, SaaS.  This means users do […]
June 13, 2017

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

  Does an employer have a duty to preserve evidence relating to a lawsuit saved in an employee’s personal cloud storage account? It depends on the court […]
January 16, 2017
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Litigation Hold Triggers and the Duty to Preserve Evidence

For a party to meet its obligation to produce relevant evidence during the discovery phase of litigation, they must first meet their obligation to preserve evidence. […]
September 9, 2016
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Are Litigation Hold Notices Protected by Attorney-Client Privilege?

  Generally, litigation hold notices are privileged, protected by the attorney-client privilege or work product doctrine. See, e.g. Gibson v. Ford Motor Co., 510 F. Supp. […]
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.   […]
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, […]