preservation
Court Finds That E-Mail Manipulation Deserves Sanctions Under the New Rule 37(e)
An intellectual property case involving altered emails raised significant issues concerning the reach of newly amended Rule 37(e) of the FRCP.
Decision Finds Washington Courts Rejected Duty to Preserve
In Cook v. Tarbert Logging, the appellate court says Washington courts rejected a general duty to preserve evidence and abused its discretion.
Good Faith Efforts to Find Lost Evidence Can Save the Day
In this case, the court ruled that prejudice is required to support spoliation and evidence based on speculative data loss isn’t enough.
Zapproved’s Brad Harris on Fundamentals of a Good Evidentiary Preservation Plan
Discovery four elements of a preservation plan: recognize the trigger; define the scope; communicate the need to preserve; and release the hold.
Balance in All Things: The Path to Preservation Excellence
Implementation of e-discovery data preservation plans is a function of balancing three resources. Learn what they are.
Failing to Plan and Oversee Discovery Is Planning to Fail
Counsel cannot simply issue a legal hold and expect custodians to understand and comply. They must take affirmative steps to monitor compliance.
