legal hold
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).…
The Preservation-Ready Organization
Over the last few weeks, In-House Insights has been exploring the importance of having a sound preservation plan and process in place. In developing and…
Preservation Plan: Monitoring Compliance
The work doesn’t end after the legal team has issued a legal hold notice. Legal counsel has a duty to monitor custodians’ compliance with the…
Preservation Plan: Taking Action
Once the organization has determined the scope of the preservation obligation, it must take action to preserve the content within that scope. This typically involves…
Defining the Scope of Preservation
Our goal for Elevate Ediscovery remains providing practical guidance and actionable tips for in-house ediscovery professionals on an array of ediscovery topics. In Part 3…
Why Create a Preservation Plan
Our goal for Elevate Ediscovery is to provide practical guidance and actionable tips for in-house ediscovery professionals on an array of ediscovery topics. Today we…
Robust Preservation Practices
Without rigorous preservation of discoverable data, there can be no ediscovery. What’s more, investing in your approach to data preservation can have a significant impact…
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.…
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…
Plaintiff’s ‘egregious, intentional, and outrageous’ conduct deserves dismissal
In this dispute, the court dismissed the case and ordered the plaintiff to pay all costs for its intentional fabrication and spoliation of evidence.
Court Denies Spoliation Sanctions
In this personal injury case, the court denied sanctions despite poor preservation and admitted spoliation because the loss of evidence caused no prejudice.