Topic
Document Preservation
94 published works
Data Law Insights
Eliminating ESI To Reduce Litigation Expense and Exposure: Sound Policy, But Not Without Some Risk
Just last week, I published this article with a colleague in BNA’s Digital Discovery & e-Evidence® regarding the implications of a recent federal court decision for common document retention policies.…
3 Geeks and a Law Blog
Two Sad Stories of Irreplaceable Historic Documents Destroyed
By Greg Lambert
Image [cc] Chris Makarsky There were a couple of incidents I read about over the weekend of government officials destroying unreplacable historic documents. The reasons for the destruction are not exactly…
Technology Law Source
Be careful what you say
By Tracey Turnbull, Porter Wright
This article was published originally at InsideCounsel.com. The article is the fourth in a six-part series focusing on evidence spoliation. Read more about previous posts. Technology Law Source will notify…
New York Attorney Malpractice Blog
Conseqences of Discovery Failures
Justice Ritholtz of Supreme Court, Queens County lays the issue out in the first sentence of the decision in 150 Centreville, LLC v Lin Assoc. Architects, PC 2013 NY Slip…
Discovery Advocate
IRS Collection Division Embraces E-Discovery in New Guidance
The Internal Revenue Service’s Director of Collection Policy recently released Memorandum SBSE-05-0912-075, revising prior guidance to IRS collection employees on their obligations to preserve electronic and paper documents related to…
Global Regulatory Enforcement Law Blog
Government Sanctioned in False Claims Act Case for Failing to Preserve Documents
By Greg Jacobs
This post was written by Andrew Bernasconi and Nathan Fennessy. As we noted previously, there has been increasing attention in False Claims Act (“FCA”) cases to whistleblowers who fail to preserve relevant…
Insurance Law Hawaii
Insurer’s Denial of Document Restoration Claim Improper
The federal district court considered the applicability of a document retention clause in Amtex Bancshares v. Bancinsure, Inc., 2012 U.S. Dist. LEXIS 140557 (E.D. Tex Sept. 11, 2012). Hurricane…
Louisiana Law Blog
Litigation Hold Letters Generally Are Not Discoverable – But, A Party’s Document Preservation and Collection Efforts Generally Will Be
Several cases over the last few years have dealt with whether litigation hold letters are discoverable. As a review, a litigation hold is a written communication (email, memo, letter) usually…
Resolving Discovery Disputes
INSPECTION DEMANDS-What is a Reasonable Inquiry?
To determine whether or not a responding party has made a reasonable inquiry, you must determine where the responding party searched (what efforts were made), who did they talk to…
Securities Law Prof Blog
SEC Employee Says Agency Destroyed Investigative Files
The New York Times and the Wall St. Journal report this morning that an SEC employee charges that the agency improperly destroyed documents relating to closed investigations over the past…