Video | Tips for Managing the Preservation of Mobile Device Data
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
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
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
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
After years of decisions, the issues surrounding the preservation of electronically stored information (ESI) seem almost old hat. It is well known that, upon notice of a claim or commencement of litigation, a party needs to...more
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
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
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
This post is the second in a our Legal Hold Practical Advice Series. You just learned that your company was (or probably will be) sued. How should you go about informing key employees to preserve evidence?...more
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