Topic
Document Preservation
94 published works
California Employment Law Report
Back to basics: record keeping requirements
Employee document storage and retention policies: it is not cutting edge legal theory or management philosophy, but companies that think about and actively develop a plan will save large amounts…
All About eDiscovery
Document Preservation: Why Precision and Recall Matter
By Katie Cole
When one preserves and collects electronic data for a litigation, one typically casts a broad net. This, in turn, can result in the preservation and collection of a significant volume of…
Carpe Datum Law
FAILURE TO ADEQUATELY ADVISE CLIENTS ON THEIR PRESERVATION OBLIGATIONS CAN BE CONSIDERED MALPRACTICE
By now, most litigators should know that they have an affirmative duty to advise their clients about the duty to preserve potentially relevant documents. Despite this, the United States District…
HR Defense
An Employer’s Guide to Litigation Holds
By Sarah J. Lis
Employers have a duty to preserve information that is potentially relevant to anticipated or existing litigation and failure to comply with that duty can have dire consequences. As such, issuing…
Plane-ly Spoken
“We Have An Airplane Down”: Dealing With Emergencies-Part I
It has been said that the very best emergency response plan is only good for the first few hours. It permits you to make proper notifications, organize your investigation team…
All About eDiscovery
Litigation Hold Notices Should Not Cloak the Recipient With Discretion Over What Documents to Preserve
By Katie Cole
In past blogs, I have discussed the importance of issuing a litigation hold notice (“Hold”), as soon as a litigation is reasonably anticipated. I have also written about various best practices when…
All About eDiscovery
Preserving vs. Collecting – What’s the Difference? And, Why Does it Matter?
By Katie Cole
Lawyers often worry about their obligation to preserve relevant information. As a result, one may direct their client to collect all potentially responsive information. However, over-collecting is a significant cause…
Not For Profit/Exempt Organizations Blog
Recaps from Proskauer’s 21st Annual Trick or Treat Tax Exempt Seminar
By Jeramy Webb
Proskauer’s 21st Annual Trick or Treat Seminar was held on Thursday, October 27. The Seminar discussed: Best Practices for Document Retention: One Size Does Not Fit All An Overview of…
Best Practices Construction Law
Contractors: Do You Have a Cell Phone Policy? Is It Time for an Upgrade?
Smart phones and tablets are now commonplace on the construction job site. Are your cell phone policies as outdated as the original the flip phones that you issued to your…
All About eDiscovery
The Amendments to the Federal Rules of Civil Procedure, the Court of Appeals’ Pegasus Aviation Decision and What They Mean for New York Litigators
For a long time, New York state and federal courts were out of sync with one another with regard to a litigant’s discovery obligations. For example, the state courts in…