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.
June 13, 2017
Depending on the court, duty to preserve data in employee's personal cloud may arise. Is is your responsibility?
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. If […]