June 27, 2020
Generally, legal hold notices (also called “litigation holds”) are privileged, protected by the attorney-client privilege or work product doctrine. See, e.g. Gibson v. Ford Motor […]
July 29, 2019
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
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
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 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
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. […]
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 […]
November 30, 2015
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
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, […]