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A blueprint for becoming the best-run business unit in the organization.Read More
Without a doubt, the scope for in-house legal departments' responsibilities has expanded greatly in recent years. General counsels are asked to advise on subjects that spread beyond pure legal analysis, providing an opportunity for in-house lawyers to use business judgment as well as legal knowledge.
Implementing the 10 steps highlighted in this white paper will create tangible results through improved efficiency, enhanced productivity, and increased business value for the entire organization.
Accepting that new technologies are becoming part of the business is key.Read More
Law departments realize they must change their habits regarding how they approach the front end of the e-discovery process. There is great opportunity for them to improve the entire process and reduce costs by taking a serious look at each step from information governance, to identifying custodians, to placing legal holds, to collecting the data.
This white paper outlines best practices in effective data collections, such as:
- Focusing on targeted collections right from the start, rather than "Collecting Everything"
- Collecting evidence soundly to be able to prove that your Collection protected the metadata
- Sharing the collections responsibility between Legal and IT through building capabilities and processes to eliminate friction
- Working smarter by adopting efficient ways to collect from remote locations, thus avoiding business disruption, unnecessary travel and expensive consultants
- Accepting that new technologies are becoming part of the business, rather than trying to ban them, adapt your collection strategies
As we reflect on cases of 2015, we continue to see the courts analyzing them for spoliation with a high bar to determine if awarding sanctions is appropriate.Read More
The standards set forth in proposed changes to Rule 37(e) require that in order to impose an adverse inference, spoliation must have (i) caused substantial prejudice in the litigation and the result of willfulness or bad faith; or (ii) irreparably deprived a party of any meaningful opportunity to present or defend against the claims in the litigation.
Download to learn more about these most recent preservation cases:
- United States ex rel Guardiola v. Renown Health
- New Orleans Reg'l Physician Hosp. Org., Inc. v. United States
- Grove City Veterinary Serv., LLC, V. Charter Practices Int'l, LLC
- HM Elecs. v. R.F. Techs., Inc.
- NuVasive, Inc. v. Madsen Med., Inc.
- Burd v. Ford Motor Co.
As a reaction to increasing demand for SaaS E-Discovery applications, there has been a proliferation of "fake SaaS" solutions.Read More
Prompted by the expanding volume, accelerating velocity, and multiplying variety of data, companies around the globe are launching Saas e-discovery initiatives and are embracing the cloud to reduce costs, improve scalability, and gain operational agility.
As a reaction to increasing demand for Saas E-Discovery applications, there has a proliferation of "fake Saas" solutions. This is when a software provider mounts a web portal onto a server hosting their on-premise software in an attempt to simulate cloud benefits.
Download this resource to learn how to identify true vs. fake SaaS.
The industry’s most extensive study of preservation practices finds processes still lack maturity.Read More
The Benchmark Survey is the industry's most extensive survey series focused on legal data preservation and collections practices. Building on the inaugural 2013 and 2014 studies, over 421 professionals dealing directly with litigation hold management participated.
The report has findings on the demographics, processes, common pain points and risks associated with legal holds, data preservation and data collection.