In re Pork Antitrust Litig., No. 18-cv-2022 WL 972401 (D. Minn. Mar. 31, 2022)
Practical Insight
Reliance on an employee’s general statement that they do not use text messages for work-related matters may not be sufficient to rule out their
Discovery Advocate, published by Baker & Hostetler LLP, focuses on legal issues related to electronic discovery and data preservation in litigation. The blog covers topics such as the challenges of preserving and producing electronically stored information (ESI), including emails, instant messages, and data on personal devices. It discusses court rulings on discovery obligations, sanctions for discovery failures, and regulatory enforcement actions related to record retention and off-channel communications. The blog also addresses best practices for litigation holds, compliance with discovery rules, and the impact of technology on discovery processes in complex legal disputes.
In re Pork Antitrust Litig., No. 18-cv-2022 WL 972401 (D. Minn. Mar. 31, 2022)
Practical Insight
Reliance on an employee’s general statement that they do not use text messages for work-related matters may not be sufficient to rule out their…
Key Takeaways
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In re Google Play Store Antitrust Litig., — F. Supp. 3d —-, 2023 WL 2673109, No. 21-MD-02981 (JD) (N.D. Cal. Mar. 28, 2023)
Practical Insight
This decision illustrates three trends in e-discovery: (1) employees are increasingly using chat platforms and…
Practical Insight
This case is a cautionary tale for the attorney who may know to say all of the right things when it comes to modern discovery practice but, in fact, lacks the expertise and competence to oversee a defensible…
In September 2022, the U.S. Department of Justice (DOJ) issued a memo announcing revisions to the DOJ’s corporate criminal enforcement policies and practices. The memo made clear that the DOJ expects “all corporations with robust compliance programs [to] have effective…

Many businesses have remote work and bring-your-own-device policies that cover access to company systems and information from personal devices. These policies may also state expectations or requirements for the management and security of company information. But these policies likely do…

At the federal and state levels, there have been calls to suspend statutes of limitations during the COVID-19 outbreak. A number of states have already acted, but state approaches vary and are open to future changes as the challenges of…

As courts and litigants adapt to the new normal by instituting social distancing measures through remote hearings and depositions, how we preserve, collect and produce documents should not be an afterthought. While the practice of e-discovery may already be well
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The Clarifying Lawful Overseas Use of Data Act (Pub. L. No. 115-141 (2018), or the CLOUD Act, was enacted in the U.S. on March 23, 2018, in response to difficulties U.S. law enforcement agencies (LEAs) had when attempting to gain…