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Gareth Evans

Gareth Evans

March 17, 2015 | Delaware Business Court Insider

Technological Incompetence Doesn't Excuse Discovery Failures

In imposing strict evidentiary and monetary sanctions for a party's repeated failure to produce requested electronically stored information, the Delaware Court of Chancery recently observed that counsel's "professed technological incompetence is not an excuse for discovery misconduct."

By Gareth Evans

6 minute read

September 01, 2014 | National Law Journal

Tools Let Attorneys Follow the Breadcrumbs

Analytics applications can help litigators identify surface patterns that point to the key evidence.

By Gareth Evans and David Grant

5 minute read

January 10, 2014 | Inside Counsel

Technology: To image, or not to image, that is the question

If Hamlet had also been legal counsel for the Kingdom of Denmark, what would he have said in contemplating whether to image or not to image the hard drives of the castles computers for a legal hold?

By Gareth Evans, Danielle Serbin

11 minute read

December 27, 2013 | Inside Counsel

Technology: Self-collection is not always the fox guarding the henhouse

Whether a fox may be guarding the henhouse really depends on the particular type of self-collection process a company employs. It also depends upon who is doing the self-collection.

By Gareth Evans

5 minute read

December 20, 2013 | Law.com

Perils of E-Discovery Reflected in Sanctions Opinion

51-page opinion imposing nearly $1 million in punitive sanctions on the defendants in 'In re Pradaxa Products Liability Litigation.'

By Gareth Evans

6 minute read

December 13, 2013 | Inside Counsel

Technology: Auto-delete and the not-so-safe harbor

At no time is the burden of a legal hold more acute than when a company determines that it must suspend auto-delete on an information system.

By Gareth Evans, Lauren Eber

6 minute read

December 06, 2013 | Inside Counsel

Technology: Your company’s legal hold obligations may not be a Dr. Seuss story

How did it come to be that we often end up preserving backup tapes? And when do we really need to suspend the rotation of backups and preserve existing tapes?

By Gareth Evans

11 minute read

November 20, 2013 | Delaware Business Court Insider

Chancery Provides Framework for ESI Discovery, Preservation

As one of the principal courts handling complex business litigation, the Delaware Court of Chancery sees more than its fair share of matters involving large volumes of electronically stored information (ESI) and the inherent challenges in dealing with it.

By Gareth Evans

6 minute read

November 15, 2013 | Inside Counsel

Technology: Embracing the use of mobile devices in e-discovery

Although considered in the past to be outlier sources of ESI, mobile devices are likely to become significantly more mainstream if current trends continue.

By Gareth Evans

6 minute read

November 01, 2013 | Inside Counsel

Technology: Is instant messaging the next email?

Email is not going away any time soon, particularly in business, but text and instant messages can be a factor in litigation and investigations.

By Gareth Evans, Lauren Eber

5 minute read