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Cavo Comments

Cavo eD is proud to provide leading analysis from our in house experts on topical cases, industry practices and new technologies for your use.
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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. […]

Are Text Messages the Next Major Source of eDiscovery Material?

We have talked in the past about the issues surrounding Bring Your Own Devices (BYOD),  from a technical  control point of view, but it now appears more likely than ever that those “private” text messages that we all thought would never see the light of day, are in fact going to be requested more and […]

The Value of Project Management and Technology: The Devil is in the Details

In Re: Delta/AirTrain Baggage (N.D. Ga Feb. 3, 2012 included discussions about the importance of eDiscovery Project Management.  While not codified in any formal rule, recent court rulings lean very heavily towards the details required during the eDiscovery process; which in turn point to the key role that Project Managers and updated eDiscovery tools have in […]

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 […]

Rule 37 ‘Safe Harbor’ Implementation can be Effective in Escaping Spoliation Issues

Summary: In a large mass civil lawsuit, defendant Boehringer Ingelheim Pharmaceuticals, Inc. (BIPI) was able to avoid sanctions because the destruction of a key custodian’s emails occurred prior to the trigger and in accordance with the company’s document retention policy. Chief Judge David R. Herndon included a thorough analysis in his Case Management Order issued […]