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Results for: preservation

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…

The Preservation-Ready Organization

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 writing down your plan, your legal process becomes transparent, consistent, and repeatable – all fundamental elements of defensibility. But to be effective, a plan must…

Preservation Plan: Taking Action

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 notifying personnel about their need to preserve information and affording them adequate…

Defining the Scope of Preservation

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 of our series on data preservation best practices, we continue our discussion…

Robust Preservation Practices

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 on not only potential spoliation sanctions, but also on many hidden costs of discovery…

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