August 2023

This is the second post in a three-part series dedicated to discussing considerations at each stage of the eDiscovery process. Today’s post focuses on identifying and interviewing custodians.

Because it is critical to assess the nature and extent of a client’s electronically stored information (ESI), attorneys must identify ESI custodians[1] and find out what

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