It can be time-consuming to create workflows with each new litigation. And so, we offer three blog entries dedicated to considerations at each stage of the eDiscovery process. Specifically, over the next three posts we will explore workflow considerations for each of: Preservation and Legal Hold Workflow; Custodian Identification and Interview; and Collecting and Producing with
The Court’s statutory and inherent authority to impose sanctions for eDiscovery spoliation remains important for the administration of justice and judicial case management. However, sanctions a court imposes to remediate discovery misconduct when a party fails to preserve potentially relevant information and that failure is shown to have been an intentional act to deprive the
Discovery protocols governing the production of electronically stored information (“ESI”) in litigation (“ESI Protocols”) can be invaluable. Rather than execute a formulaic ESI Protocol, counsel should familiarize themselves with their clients’ ESI practices, anticipate issues that may arise during discovery, and agree, in their protocol, on how to address those issues. By charting a course
In Jim Hawk Truck-Trailers of Sioux Falls, Inc. v Crossroads Trailer Sales & Service, Inc., et al., Judge Schreier provides a useful roadmap for navigating electronically stored information (ESI) when deciding Defendant’s motion to compel, among other things, the production of documents responsive to seven ESI search terms.
Background
In March 2020, Jim Hawk
A 2022 case out of the Southern District of New York discussed the affirmative discovery obligations imposed upon parties under Federal Rules of Civil Procedure 26 and 34 when conducting electronically stored information (ESI) searches and determining the identities of custodians and locations of relevant documents or information. Specifically, the court observed that any agreement
Recent legal and eDiscovery news has focused on “Slack.” And yet, despite the increasing publicity Slack has received, some remain unfamiliar with Slack – the leading channel-based messaging platform. Therefore, today’s post is meant to introduce readers to Slack and offer insights into preserving Slack data.
What is Slack?
At its most basic level, Slack
A company striving to comply with state and federal regulations, as well as outstanding litigation holds, should establish policies and protocols related to the who/what/when/how of archiving business-related text messages. This blog post contains compliance strategies companies may wish to consider regarding such messages.
“Who.” All directors, officers, and employees should be advised
Text messages have been at the forefront of national news. Indeed, the controversial failure by the Department of Homeland Security (DHS) to preserve text messages related to the events of Jan. 6 requested by Congressional subpoena[1] made text messages a topic of many dinner conversations.
Statutory and regulatory provisions may trigger a company’s duty
In an action alleging breach of a commercial equipment lease agreement (Interpool, Inc., v JJS Transportation & Distribution Co., Inc.), the District Court for the Eastern District of New York was called upon to address Defendant’s ongoing discovery failures. Specifically, Defendant – for more than three months – failed to produce documents responsive
In November 2022, the Standing Committee on Ethics and Professional Responsibility of the American Bar Association (ABA) published a formal opinion advising attorneys to refrain generally from including clients on emails and texts sent to opposing counsel. At the same time, the Committee noted that responding to group communications, that included opposing counsel and his/her