By Eric P. Mandel, Innovative Driven | June 14, 2022
A recent opinion in Hollis v. CEVA Logistics U.S. raises the question of whether any party who has failed to preserve and produce relevant ESI has an open avenue to avoid a jury presumption of intentional spoliation by swallowing their pride and asserting Hanlon's Razor.
By Isha Marathe | June 10, 2022
As the U.S. and EU continue their international data transfer talks, California's "The Public Right to Know Act" SB 1149 might cause additional stress around disclosure of personal data. Whether its benefits outweigh the risks is a matter of debate.
By Isha Marathe | June 10, 2022
As the U.S. and EU continue their international data transfer talks, California's "The Public Right to Know Act" SB 1149 might cause additional stress around disclosure of personal data. Whether its benefits outweigh the risks is a matter of debate.
By Zach Warren | June 9, 2022
The deal is driven by 2020 investor Trivest Partners and includes software tools such as Aon's NOMAD mobile processing platform, PHI/PII detection and post-data-breach support tools, as well as advisory services such as information governance.
By Isha Marathe | June 8, 2022
After nearly 20 years working for law firms, Katie DeBord has become the VP of product strategy for e-discovery provider DISCO. She wants to be a part of the transformation that makes legal tech as engaging as many consumer platforms.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | June 6, 2022
In a recent decision from the U.S. District Court for the Southern District of New York, a magistrate judge addressed whether a party should be subject to spoliation sanctions for an alleged failure to preserve text messages—both on company devices and on personal devices. The decision provided some helpful guidance in this developing area of the law.
The Legal Intelligencer | Commentary
By Kyle Campbell | May 25, 2022
To stay ahead of the macro and microcosmic expansion in data types and the platforms that generate them, it's vital for organizations and attorneys to align themselves with trusted technology experts who understand the breadth and the nuance of these technologies.
By Elizabeth Pollock-King, ProSearch | May 25, 2022
Just as the legal industry had to scramble to figure out how to handle email and other electronic documents a couple decades ago, e-discovery practices must once again shift to account for the realities of business being conducted via chat and the massive amounts of new types of data that chat platforms generate.
New Jersey Law Journal | Analysis
By Nicholas A. Duston and Olivia J. Italiano | May 18, 2022
Practitioners should be aware of additional media channels and communication options when requesting ESI. As soon as litigation is anticipated, counsel should determine both whether relevant ESI may be found in these alternative media, and the accessibility of this information.
By Philip Favro, Innovative Driven | May 18, 2022
Two particularly noteworthy topics in recent e-discovery litigation include: possession, custody, or control questions involving employee text messages; and the role and form of adverse inference instructions to juries to address ESI spoliation.
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