February 23, 2022
Parties have an obligation to preserve relevant ESI from ephemeral messaging applications and other digital age communication apps and information sources. Even though ESI from these applications is dynamic and thus easily subject to modification or deletion, parties must take reasonable steps to retain such information after a duty to preserve triggers. Failure to take such steps can leave a responding party—plaintiff or defendant—vulnerable to data loss and sanctions.
January 31, 2022
Litigation readiness for organizations generally begins with basic ESI preservation steps including litigation holds, relevant source checklists, and follow up steps with custodians. In some instances, however, the basics may not be enough. Given the frequency of data loss from custodial and non-custodial sources, companies should also consider incorporating remediation strategies into their approach to preservation to better ensure defensibility.
January 3, 2022
With the New Year upon us, it is worth looking back at some of the top eDiscovery cases and trends from 2021 and exploring the lessons they offer going forward in 2022.
December 2, 2021
Parties are turning to privilege log alternatives like metadata logs, categorical logs, and logs reflecting samples of privileged documents to ameliorate the burdens of preparing document by document logs. As they do so, courts have in turn issued several recent opinions that provide guidance for how parties should handle the development of these logs, particularly categorical logs.
November 11, 2021
Driven, Inc. (“Driven”) and Innovative Discovery, LLC (“ID”) announced today that the two companies have merged, creating an end-to-end provider of services across the information lifecycle, including information governance, eDiscovery, and managed review.