Philip Favro
January 3, 2020
Litigation readiness is an essential step for parties who wish to be prepared for the electronic discovery process. While significant for the production phase of discovery, litigation readiness has proven indispensable for helping clients preserve relevant electronically stored information (ESI). This is particularly the case under Federal Rule of Civil Procedure 37(e), which generally safeguards parties from sanctions who have implemented and followed litigation readiness measures.
November 18, 2019
Information governance (IG) is a key corporate strategy than can help companies realize the value and minimize risk from the data they generate and receive. This is evident from the guidance on antitrust compliance programs the U.S. Department of Justice (DOJ) recently promulgated. Companies with an IG program including information retention policies and education on inappropriate document destruction stand a much greater chance of obtaining relief from antitrust violations than enterprises lacking IG measures.
September 18, 2019
Litigation readiness is an essential step for parties who wish to be prepared for the electronic discovery process. While significant for the production phase of discovery, litigation readiness has proven indispensable for helping clients preserve relevant electronically stored information (ESI). This is particularly the case under Federal Rule of Civil Procedure 37(e), which generally safeguards parties from sanctions who have implemented and followed litigation readiness measures.
July 11, 2019
Slack is a popular cloud-based team collaboration and messaging platform used by a wide variety of organizations. Similar to other messaging platforms that have grown in popularity, Slack is unknown to many counsel and courts. Nevertheless, content from Slack is increasingly being sought by parties in discovery. A lack of knowledge about Slack or similar technology can lead to complications with preservation, collection, and production. This is apparent from two recent court cases that addressed failures to produce relevant messages from Slack.