News & Analysis as of

e-Discovery Duty to Preserve

Brownstein Hyatt Farber Schreck

What Businesses Need to Know About Colorado’s New Pre-Complaint Preservation Standard

In a recent opinion, the Colorado Supreme Court set a new standard for preserving evidence even before litigation begins....more

Cadwalader, Wickersham & Taft LLP

Watch Out for Auto-Delete: Delaware Court of Chancery Sanctions Former Meta Officer for Deleting Personal Emails

In a recent decision, In re Facebook Inc. Derivative Litigation, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery imposed litigation sanctions on a former officer and director of Meta Platforms, Inc....more

Cimplifi

Going Mobile: Recent Mobile Device Case Law Trends, Part 2

Cimplifi on

Disputes related to the relevance and accessibility of the data are one of the most common types of disputes regarding mobile devices. Another common type of dispute is typical with all sources of electronically stored...more

Minerva26

Ready to File a Motion for Sanctions? Make Sure You Tell the Court.

Minerva26 on

Filing a motion for sanctions under Rule 37(e) requires a strong evidentiary foundation. But there's another factor that's just as critical — timing. Courts have broad discretion in how they handle sanctions, and...more

EDRM - Electronic Discovery Reference Model

Another Approach to Drafting and Discovery of Litigation Hold Notices

By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. In Homeland Ins. Co. of Del. v. Independent Health Ass’n., Inc., 2025...more

Redgrave LLP

Blurred Lines: Navigating Text Message Discoverability in the Era of Intermingled Data

Redgrave LLP on

As mobile devices continue to integrate seamlessly into our professional and personal lives, the boundaries between business and personal data have blurred significantly.  This evolution has introduced a host of legal...more

Array

This Week in eDiscovery: Case Studies on Reasonable Preservation and Hyperlinked Documents

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of September 16-22. Here’s what’s...more

Array

This Week in eDiscovery: Duty to Preserve | Inadvertent Disclosure

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of September 9-15. Here’s what’s...more

Array

This Week in eDiscovery: Preserving Relevant Data on Video Game Consoles, ABA Opinion on Generative AI

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of July 29 to Aug. 4. Here’s...more

Array

This Week in eDiscovery: Spoliated Video Footage Leads to Jury Instruction Sanction and More Thoughts on Linked Attachments

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of April 8-14. Here’s what’s...more

Warner Norcross + Judd

Lessons Learned from Google Litigation: Don’t Forget to Save Your Chats

Since August 2020, Google has been defending itself against multiple antitrust lawsuits challenging Google’s Play Store practices as anticompetitive. Nearly two and a half years later, Google is now facing another legal...more

EDRM - Electronic Discovery Reference Model

Don’t Get Sanctioned Like These Parties

A review of recent case law by EDRM Guardian Partner Exterro’s E-Discovery Case Law Project - Five or so years ago, legal professionals were hearing about “the end of sanctions.” Changes in the Federal Rules of Civil...more

Farrell Fritz, P.C.

Blink, And I’m Gone: E-Discovery Challenges And Considerations With Ephemeral Messaging

Farrell Fritz, P.C. on

There is an ever-increasing volume of data generated by businesses. In an effort to reduce storage costs and ameliorate privacy concerns, companies have embraced ephemeral, or self-destructing messaging. And, while...more

Morris James LLP

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 7

Morris James LLP on

This is the seventh in a series of posts summarizing the 7 most important eDiscovery cases in Delaware in 2014. Mechel Bluestone v. James C. Justice Cos., C.A. No. 9218-VCL(Del. Ch. Dec. 12, 2014)....more

Morris James LLP

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 5

Morris James LLP on

Kan-Di-Ki, LLC (d/b/a Diagnostic Laboratories) v. Robert Suer, C.A. No. 7937–VCP, Oral Argument on Various Outstanding Motions, Pre-Trial Conference and Rulings of the Court on Motion for Summary Judgment, September 24, 2014....more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - June 2015

In This Issue: - - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure - Spoliation and Preservation Decisions: ..Sanctions...more

Nexsen Pruet, PLLC

2014 E-Discovery Year in Review - "Courts continued in 2014 to endorse the use of technology to improve the efficiency and...

Nexsen Pruet, PLLC on

2014 demonstrated that management and discovery of electronic information continues to be a challenging issue in litigation. A review of 2014 court decisions also underscores the importance of litigation hold notices,...more

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