preservation
Navigating the Collections Conundrum
Corporate legal teams have often struggled with the collections “black box.” Here are ways to gain visibility, reduce costs, and design easier processes.
Hands-On Advice for Creating Effective Legal Holds
A few simple steps while you are creating your legal holds can drive custodian compliance and reduce confusion later. Here are actionable hold best practices.
Preservation Planning for the New Remote Reality
Preservation of evidence is a critical element of litigation. The general preservation obligation arises from the common-law duty to avoid spoliation (loss or destruction) of…
Preserved 91-minute video sufficient to capture ‘horrific storm’
In this claim for injuries sustained during a boat cruise, the court began its opinion by noting that “a picture is worth a thousand words.”…
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…
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…
Court rejects invasive and overbroad requests in data privacy case
In this data privacy class action, the court denied the defendant’s request to inspect the plaintiffs’ mobile devices.
Court declines sanctions where defendant deleted emails a decade before lawsuit
In this product liability case, the court denied spoliation sanctions because the defendant deleted ESI a decade before the plaintiffs filed suit.