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.
April 21, 2021
A distributed workforce may present different document retention and preservation challenges than when employees are in the office.
December 16, 2020
Parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.
October 7, 2020
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 notices are generally privileged, but the privilege may be lost if evidence is spoliated or through use of poor legal hold procedures.
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.
August 7, 2018
Salesforce.com and SaaS data preservation must be confirmed and attorneys must understand technology to ensure compliance with discovery obligations.
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 […]