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The way we communicate has changed dramatically in recent years, with businesses and individuals moving from traditional email to cloud-based collaboration platforms like Microsoft Teams, Slack, WhatsApp, Skype, and Telegram. As a litigator, you will inevitably need to obtain electronic communications stored on these platforms as part of discovery. But the process isn’t as simple [...]
How to Conduct E-discovery: Practical Advice for Law Firms E-discovery, the process of managing electronically stored information (ESI) for legal purposes, is a cornerstone of modern litigation. With increasing volumes of electronically stored information, e-discovery for law firms has become an essential part of litigation strategy. In an era where digital data dominates personal, professional, [...]
In the modern digital workplace, communication tools like Slack, Microsoft Teams, and similar platforms have become essential. They streamline collaboration, enable real-time decision-making, and allow employees to stay connected across geographies. However, as the use of these platforms grows, so do the challenges of managing workplace conversations. eDiscovery involves identifying, collecting, and producing electronically stored [...]
Legal and Tech Savvy Are Key for Uses of Artificial Intelligence Disputes Over Family Production Provisions in ESI Protocols Courts Are Wary of Discovery Process Issues Handling Preservation Duties Remains Elusive Parties Should Ensure ESI is Admissible as Evidence 1. Legal and Technical Savvy Are Key for Successful Uses of Artificial Intelligence Case: J.G. individually [...]
E-discovery is continuously evolving, driven not only by advancements in technology but also by case rulings that shape how legal teams handle electronically stored information (ESI). Keeping up with significant e-discovery case law is crucial for legal professionals and e-discovery teams to remain compliant, streamline workflows, and avoid costly sanctions. In this post, we’ll explore [...]
Understanding Current Regulatory Requirements for Message Preservation The Department of Justice (DOJ) and Federal Trade Commission (FTC) have updated their standard preservation letters to address collaboration tools and ephemeral messaging platforms. These directives state that failure to produce documents from ephemeral messaging applications could result in obstruction of justice charges, underscoring the importance of compliance. [...]
Client expectations have shifted significantly in today’s technology-driven world. Quick communication and greater transparency are now a priority for clients throughout the entire case life cycle. This growing demand for tech-enhanced processes comes not only from clients but also from staff, and is set to rise even further as more advances become available. If your [...]
Understanding data sources before complex litigation begins is essential to address the challenges associated with data preservation and collection. Complex cases often involve large volumes of data from a diverse set of sources, including emails, databases, cloud storage, messaging platforms, and physical documents. As a result, data collection strategies for complex litigation differ significantly from [...]
Many moons ago, when I was a litigation associate at a law firm, I spent a fair amount of time on discovery—yes, discovery and not e-discovery, because the process had not yet gone electronic. I would physically go to clients’ offices, review boxes and file cabinets brimming over with (paper) documents, and figure out how [...]
In Safelite Grp., Inc. v. Lockridge, the U.S. District Court examined whether a cease-and-desist letter triggers a duty to preserve electronically stored information (ESI) and how routine deletion of text messages impacts spoliation sanctions under Rule 37. This case offers key lessons on preservation obligations, particularly when dealing with employees transitioning to competitors and the [...]
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