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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.
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
Key principles for making SaaS applications exceed security requirements demanded by corporate legal departments.Read More
This technical paper will look into the state-of-the-art approaches to security such as complete system logging and encryption protocols, as well as services offered by Amazon Web Services (AWS). Such approaches can ensure system and data integrity that go beyond what most enterprises are able to accomplish with their own data centers.
Key topics include:
- Shared responsibility
- Secure by design
- Valued third-party audits
- Principles over standards
- Continuous improvement and response
Discover the secret ingredients for successfully transitioning from outsourced to in-house e-discovery from three in-house legal professionals.Read More
Corporate counsel face constant pressure to do more with less. As data stores have ballooned, and as the cost of litigation and compliance investigations has grown, more organizations are looking for ways to lower the cost of e-discovery.
This new In-House Elevated whitepaper shares the recipes for success from leading e-discovery professionals who've already taken the leap and the practical lessons they've learned along the way.
Panelists Jack Thompson of Sanofi; Becki Bottemiller of Portland General Electric and Wendy Riggs of Twitter, Inc. discussed with Jennifer Bantelman of Zapproved, Inc. their thoughts about the benefits of insourcing the discovery process, how to plan for the transition, where to start, how to choose the most helpful technology, what model will work best, and what pitfalls to avoid.
Download to learn more about these most recent preservation cases tagged by Venue, Sanction and Topic.Read More
As we reflect on cases of 2016, we continue to see the courts analyzing them for spoliation with a high bar to determine if awarding sanctions is appropriate.
The standards set forth in proposed changes to Rule 37(e) require that in order to impose 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:
- Noble Roman's, Inc. v. Hattenhauer Distrib. Co.
- Living Color Enters. v. New Era Aquacutlure, Ltd
- First Fin. Sec., Inc. v. Lee
- Brown Jordan Int'l, Inc. v. Carmiclet
- In re Takata Airbag Prods. Liab. Litig.
- Best Payphones, Inc. v. The City of New York