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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
Addressing the considerations legal and IT teams will need to consider to safely protect discovery data during the period of migration to Office 365.Read More
The duty to preserve does not cease when an organization migrates data systems. In fact, not only does the duty persist, it becomes more complex.
Corporate legal teams must collaborate with IT to define a migration plan with processes that defensibly preserve data despite the complexity of a hybrid data world with half in the cloud and half on premise. Since data is not in one place, dual processes are required to ensure compliance is maintained throughout migration.
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
Factors to consider when managing e-discovery in an Office 365 environment.Read More
As cloud adoption increases, and more enterprise data is moved onto cloud systems, enterprise legal and IT teams are seeking strategies to successfully transition their preservation processes for ESI and prepare to manage e-discovery in an increasingly Office 365 world.
In-house legal teams and their IT counterparts realize that current processes and technology are challenged to keep pace with the increased complexity of the task of this hybrid on-premise/cloud data environment and as systems are incrementally migrated.
Exploring five critical stages of policy management to help organizations meet the rigorous standards demanded by today's environment.Read More
Stage 1: Establishing Policy Requirements
Stage 2: Drafting Policy
Stage 3: Policy Communication
Stage 4: Testing Understanding and Affirming Acceptance
Stage 5: Auditing Policies