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Cavo Comments

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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 […]

The 2015 Amendments to the Federal Rules of Civil Procedure are Real and Being Enforced

There has been a lot of coverage regarding the amendments to the Rules of Federal Civil Procedure that were activated on December 15, 2015.  However, people often times don’t bother to read and understand what the changes mean to the day to day practice of law.  The recent case of Nuvasive, Inc. v. Madsen Med. […]

Metadata is Important – It Should be Part of Every eDiscovery Data Request

For a long time attorneys have been telling those of us in eDiscovery that Metadata is “just not worth the effort, it complicates eDiscovery productions and no one ever uses it”.  I think we all understand that Metadata will not always be used in a case and may not be probative, but when you need it, […]

Why We Have Rules of Law… and Why We Should Follow Them

Preface I would like to start off with what I hope is an obvious statement.  Lawsuits are supposed to be about the pursuit of truth through fact finding.  The Discovery process is supposed to be the exchange of these facts and lawyers are then tasked with interpreting those facts in a way most favorable to […]

There is no Denying the Key Role of Email in Business – and It’s Impact in eDiscovery

Email is likely the single most important tool in a business organization.  At some point in time, virtually every important business policy and decision appears somewhere in the email servers, oftentimes in multiple postings as different divisions weigh in over time as company debates rage on about policy, process or practices. As a result of […]

A Primer on the Importance of “Deleted” Emails in Productions – Consultion with Expertsis Key to Correctly Processing

The common understanding of what it means to “delete” a document can often lead to confusion when it comes time to produce and review certain data on a computer.  This is especially true when you are discussing email messages.  Many think that when we hit the delete button, the email message is wiped from the […]

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 […]

Attorney Diligence and What it Means

US District Judge Anthony Trenga, will be conducting a hearing in the near future in Virginia over whether counsel for a client who spoliated data repeatedly should be held responsible for their client’s misdeeds.  One of the key questions that will be explored is the duty of attorneys to lay down the law for those […]