October 18, 2018
Using FRCP 26(f)

Using the FRCP 26(f) Conference to Effectively Address ESI Preservation Issues

Great emphasis has been placed over the years on the importance of the Federal Rule of Civil Procedure 26(f) conference. This is because FRCP 26(f) offers parties a forum for addressing discovery issues such as the preservation of particular sources of electronically stored information (ESI). Courts expect parties to use the 26(f) conference to discuss issues regarding the preservation of obvious forms of relevant ESI (like email), as well as those that are not so obvious (like web browser history or messaging application data). Raising these preservation issues at the 26(f) may determine whether key evidence is actually retained for litigation.
October 9, 2018
California Enacts New IoT Security Law

California Enacts New IoT Security Law

While we mere mortals generate a massive volume of new data on a daily basis typing away on keyboards, smartphones and tablets, we cannot hold a candle to the petabytes of data being generated by the approximately twenty-four billion Internet-connected robotic devices deployed around the world right now to serve our insatiable need for automation.  These devices – each with integrated audio, video and radio sensors – are known collectively as the “Internet of Things” or “IoT”.  There are approximately six IoT devices for every one of the four billion internet users on the planet, and that number is expected to double in just the next 5 years.
September 6, 2018
Importance Of Custodian Interviews

Vegas Court Issues Adverse Inference, Spotlights the Importance of Custodian Interviews

The summer of 2018 has been a boon for eDiscovery case law, with several courts spotlighting any number of best practices for addressing discovery issues. One such best practice is the role effective custodian interviews play in establishing a defensible preservation strategy. Fulsome custodian interviews are essential for ensuring that relevant electronically stored information (ESI) is preserved. Such interviews are characterized by exhaustive questioning on any number of topics including traditional and newer sources of ESI.
September 4, 2018
Driven welcomes Eric Mandel

Eric P. Mandel joins the Driven Consulting team

Driven Inc. is pleased to announce the addition of industry veteran Eric P. Mandel to its consulting services practice that also includes Tara Emory, Phil Favro, and Jonathan Swerdloff.  Eric is an experienced attorney, business leader, and technologist with in-depth, hands-on experience working on scores of complex US and international litigation matters and advisory engagements. 
August 30, 2018
SF Court Rejects ESI Discovery Sanctions

SF Court Rejects eDiscovery Sanctions, Provides Guidance on Defensible Preservation

One of the most compelling eDiscovery issues facing litigants and lawyers is the prospect of sanctions for failures to preserve relevant ESI. Under Federal Rule of Civil Procedure 37(e), sanctions may not issue unless the moving party can show that the preserving party lost relevant ESI after a duty to preserve attached. The movant must also demonstrate that the preserving party neglected to take “reasonable steps” to keep the ESI and that it “cannot be restored or replaced through additional discovery.”
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