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Results for: ESI

Defendants deleted evidence before and after legal hold, then misrepresented its availability

Defendants deleted evidence before and after legal hold, then misrepresented its availability

In this employment case, the magistrate imposed monetary sanctions and recommended an adverse inference jury instruction for the defendants’ spoliation of electronically stored information (ESI). Although the defendants were on notice of the plaintiff’s claims and had a clear obligation to preserve relevant information, they intentionally deleted her email and work data…

Targeted Collections

Targeted Collections

Traditional approaches to ediscovery have relied on broad collection, such as copying the entire contents of a mailbox or hard drive, followed by an extensive culling process to identify and extract potentially relevant electronically stored information (ESI). This approach…

Proportionality & Case Preparation

Proportionality & Case Preparation

A key to driving down the cost of ediscovery is to recognize that most preservation and discovery obligations are subject to negotiation — if you start early enough. Changes to the Federal Rules of Civil Procedure in late 2015 restored proportionality to its original importance…

Creating a Litigation Response Plan

Creating a Litigation Response Plan

Without a clear, strategic litigation readiness and response plan, you run more than the risk of scrambling in a panic to react to a threat. You risk losing evidence in that mad rush, resulting in monetary and evidentiary spoliation sanctions that can cripple…

Taming the Big Data Dragon

Taming the Big Data Dragon

The more data you have, the higher your ediscovery costs. Therefore, the first step to driving down the cost of ediscovery is simply reducing the amount of data you have to manage. Data reduction requires consideration of the entire lifecycle of data, beginning with a plan for…

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