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eDiscovery Trends That Will Likely Impact Corporate Counsel in 2017 – You Need to be In-The-Know

Corporate Counsel need to be more involved in all facets of litigation involving their enterprise.  It is no longer enough to hire outside counsel and assume that they will take care of all your litigation needs.  With the recent amendments to the Federal Rules of Civil Procedure (FRCP) in 2016, there are major changes that […]

Defensible Custodian Self-Collection is Possible, But it is Not Easy

    Many corporate counsels repeatedly express concern that eDiscovery identification, collection and preservation are extremely costly, time consuming and overly burdensome.  And to add to these concerns that courts continue to issue punitive sanctions for improperly executed ESI preservation. Is self collection the answer?  Given that the volume of ESI continues to expand, alternative approaches […]

How to Avoid Fallout Regarding Data Preservation: Plan, Employ and Deploy Defensible eDiscovery Processes.

    The problem of data that has been preserved unnecessarily “data preservation”coming back to hurt people and corporations has been occurring since I first got interested in politics, back in 1977 with Richard Nixon and his famous audio tapes and the missing 18 minute gap.  It used to be tape recordings and documents, now […]

Release Legal Holds and Then Dispose of Electronically Stored Data

In theory, releasing a legal hold is a fairly straightforward process.  When a matter is resolved, preservation obligations are lifted.  The legal team then informs custodians and data keepers that they are no longer required to retain electronically stored information (ESI), and  that the normal disposition policies are restored. In practice however, many organizations struggle […]