News & Analysis as of

Sanctions Data Retention

Mitratech Holdings, Inc

Cut Litigation Risk with Legal Hold Technology: 5 Proven Strategies

One missed custodian or lost file could cost your case. Here’s how legal hold technology protects you from the risks manual methods can’t....more

Array

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

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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

EDRM - Electronic Discovery Reference Model

April’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published April 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

Proskauer - California Employment Law

Terminating Sanctions Entered Against Employee Who Deleted Relevant Text Messages

Jones v. Riot Hospitality Group LLC, 2024 WL 927669 (9th Cir. 2024) - Alyssa Jones, a former waitress at a Scottsdale, Arizona bar, sued the owner of the bar and his company (Riot) for violations of Title VII and common...more

Epiq

2022 eDiscovery Case Roundup: Protocols, Preservation, and Party Cooperation

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As 2023 begins it is time once again to reflect on the most interesting eDiscovery cases from last year. Trends are always evolving in this dynamic space and eDiscovery professionals cannot afford to snooze on this review....more

TransPerfect Legal

Ephemeral Messaging and the Duty to Preserve

TransPerfect Legal on

Short, often informal messages have become an increasingly prevalent form of business communication. Whether by sending a simple text message or using a communication application like WhatsApp, Slack, or MS Teams, employees...more

Ankura

New Laws May Require Companies to Operationalize and Share Data Retention Policies

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Companies have always had requirements to retain records in accordance with laws and regulations—and to dispose of them once those obligations were no longer in force. But by and large, most haven’t done so in any consistent,...more

Association of Certified E-Discovery...

Weekly Trend Report – 3/27/2019 Insights

Insight into where e-discovery, information governance cybersecurity, and digital transformation are heading – who is doing what now or in the future, what works and what doesn’t, and what people wish they could do but can’t...more

Jones Day

Courts Are Closely Following Amended Rule 37(e)’s Limits on Sanctions for Lost Electronically Stored Information

Jones Day on

Within two years of its implementation, several cases show that amended Rule 37(e) is having its intended impact, as judges are carefully applying the criteria articulated in the Rule prior to ordering curative measures or...more

Butler Snow LLP

The 21st Century Water Cooler: Discovery and Text Messages

Butler Snow LLP on

Text messages, once the exclusive domain of teenagers and college students, are increasingly used in business communications. These communications are, unsurprisingly, also discoverable in a wide variety of litigation...more

Ervin Cohen & Jessup LLP

Sanctioning Spoliation of Evidence

Today’s Take: Sanctions for the Automatic Deletion of Evidence by Computers In my recent blog post entitled Preserving Evidence Through Demand Letters, we discussed how a demand letter can trigger the duty to preserve...more

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