March 17, 2015 | Delaware Business Court Insider
Technological Incompetence Doesn't Excuse Discovery FailuresIn 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 BreadcrumbsAnalytics 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 questionIf 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 henhouseWhether 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 Opinion51-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 harborAt 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 storyHow 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, PreservationAs 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-discoveryAlthough 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
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