News & Analysis as of

Discovery Young Lawyers Litigation Hold

Butler Snow LLP

Tracked Into Court – The Utility, Discovery, and Admissibility of Wearable Device Data

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It’s no secret that we are proponents of discovering consumer wearable device data in personal injury litigation. Although the subject is not new, there’s still “surprisingly little precedent” on the issue. Wearable...more

Weintraub Tobin

I Think My Client Is About To Be Sued: How To Execute A Proper Litigation Hold

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The duty to preserve potentially relevant evidence is an affirmative obligation. Yes! Attorneys and their clients must take action to ensure preservation of discoverable documents. The duty to preserve evidence arises when a...more

Carlton Fields

Are the Bad Old Days of Blind Stonewalling in Discovery Finally Coming to a Close?

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When I started as a litigator in 2001, a technique I call “blind stonewalling” ruled discovery practice everywhere from BigLaw to the smallest boutiques. But the slow evolution of the Federal Rules of Civil Procedure (FRCP),...more

Baker Donelson

Electronic Discovery Preparedness Checklist

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While your organization may not regularly be involved in costly or complicated litigation, there is always the potential for this to arise. Additionally, you may work in an industry that is heavily regulated and subject to...more

Sullivan & Worcester

Are Legal Hold Notices Immune from Discovery?

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Why do lawyers write “Privileged & Confidential” at the top of a legal hold notice? Most courts have decided that legal hold notices are immune from discovery, but not because of the header or title. What generally protects...more

Sullivan & Worcester

Tracking and Releasing Litigation Holds

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Notifying potential custodians and implementing a litigation hold plan are both very important steps at the very beginning of a lawsuit. But often neglected is what to do with the preserved information once the need to keep...more

Foley & Lardner LLP

Don’t Forget That Litigation Hold!

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When it comes to producing documents in employment litigation, the deck is usually stacked in favor of the employee. Except in those unusual circumstances when the employee is squirreling away documents in an effort to build...more

Arnall Golden Gregory LLP

Necessary Ingredients for Sound Legal Holds

Whenever e-discovery and healthcare litigation and investigations come up, you can almost always count on the topic to include a discussion of sanctions. That’s not an accident. There has been an uptick in both the volume of...more

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