Are Custodial Self-Discovery and Preserving ESI in Place Good for You?
A majority of organizations still follow the traditional practice of instructing custodians—that is, employees–to search for and protect potentially responsive electronically stored information (ESI)...
View ArticleSpoliation does not require purposeful destruction of evidence
In a recent decision, Rosenthal Collins Group, LLC v. Trading Techs. Int’l, No. 05 C 4088, 2011 WL 722467 (N.D. Ill. Feb. 23, 2011), the court ordered the plaintiff to pay $1,000,000 in monetary...
View ArticleIt doesn’t it really matter where my organization’s ESI is kept…right?
Where companies store their electronically stored information (ESI) is of no concern to attorneys… right? Say what? There’s an on-going debate over the question of where the “best” place is to store a...
View ArticleHow do you keep the ESI skeletons out of your closet?
A blog post written by Jim McGann of Index Engines on May 4th zeroed in on an interesting topic; how to keep ESI skeletons out of your corporate closet. In his post Jim writes: Law firms and...
View ArticleIs the popular Dropbox file sharing application a huge eDiscovery risk?
First let me say the Dropbox file sharing program is one of the greatest applications I’ve run across in a long time and to date has approximately 25 million users world-wide. What is Dropbox? Dropbox...
View ArticleThe duty to preserve ESI is not always cut and dried
The amendments to the Federal Rules of Civil Procedure (FRCP) describe the duty to preserve potential evidence when litigation can be reasonably anticipated. The term “reasonably anticipated” is a key...
View ArticleDid you hear the one about the Attorney who thought “Social Media” was a...
A definition of the term social media from Merriam-Webster states “forms of electronic communication (as Web sites for social networking and microblogging) through which users create online communities...
View ArticleFrictionless eDiscovery; social media addicts beware…
eDiscovery just got a lot easier…for opposing counsel. Facebook’s new system to auto-share what you do around the web may catch many Facebook enthusiasts off guard. Even “power” users of Facebook will...
View ArticleFacebook Spoliation Costs Widower and His Attorney $700K in Sanctions
The below article is from Abovethelaw.com by Christopher Danzig In 2008, truck driver William Donald Sprouse pleaded guilty to charges of involuntary manslaughter for the accidental death of...
View ArticleTolson’s Three Laws of Machine Learning
Much has been written in the last several years about Predictive Coding (as well as Technology Assisted Review, Computer Aided Review, and Craig Ball’s hilarious Super Human Information Technology )....
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