Does an employer have a duty to preserve evidence relating to a lawsuit saved in an employee’s personal cloud storage account (Box.com, Dropbox, Google Drive, etc.)? It depends on the court in which the case is pending and what
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Percipient, LLC Blogs
Latest from Percipient, LLC
Employee Theft Investigation: a Digital Forensics Case Study
Background: Was Employee Stealing Data Before Leaving for a Competitor?
An employee left one of our customers to join one of their competitors. After a few major clients jumped ship for the competitor, suspicions arose about the employee stealing
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Do Email Messages Have to Be Produced With Attachments in Litigation?
Many will tell you that it is an e-discovery best practice to classify document families consistently and that “parent-child relationships” (such as emails and attachments) should be preserved during document production in litigation.
But should you take a “best
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When Must Litigant Provide Computer to Opponent for Examination?
Most courts agree that compelling a forensic examination of a litigant’s computer hard drive should not be granted lightly and generally only after a showing of discovery misconduct by the device owner.
Courts Must Weigh Privacy and Confidentiality Concerns
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The Sedona Conference Weighs in on Ephemeral Messaging
Ephemeral messaging is a form of digital communication available for only a limited time and is deleted. Popular ephemeral messaging apps include Snapchat, Signal, and Telegram. Because of the growing use of ephemeral messaging, especially in the business context, The
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What is a Computer File’s Hash Value?
Electronically stored information (ESI) and files have a “hash value.” Hash values are strings of numbers and letters assigned to electronic data by a hashing algorithm (a hash function) and sometimes colloquially referred to as a file’s “digital fingerprint.” In
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5 Things to Include in an ESI and E-Discovery Clawback Agreement
What is a clawback agreement? It is an agreement permitted by Federal Rule of Evidence 502 allowing parties to “claw back” inadvertently produced attorney work product or attorney-client privileged information.
According to the Explanatory Notes, Rule 502 is a
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Legal Operations Maturity Models – An Overview
Implementing a new business process can be a complicated endeavor and ensuring continuous process improvement is an ever-evolving task. One way to determine how well a process has been implemented and how sophisticated a business is in tackling a particular
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15 Issues to Consider for E-Discovery and ESI Protocols (2021 Update)
Under Federal Rule of Civil Procedure 26(f) and some state court rules like Colorado’s CAPP Rule 6.1, litigants are required to meet and confer early in a case to craft a discovery plan and discuss preservation and production of ESI
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6 Ways to Keep Communications with Legal Vendors & Consultants Confidential
Communications between lawyers and outside consultants, such as cybersecurity incident response teams and e-discovery vendors, are largely protected by the attorney work product doctrine, but may also be protected by the attorney-client privilege and court rules preventing the disclosure of
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