Tags » Duty To Preserve

Don’t Be Late and Ineffective with Litigation Holds

The City of New York, 50 unnamed NYPD officers, and the former NYPD Commissioner are involved in a civil rights lawsuit over allegedly issuing summonses without probable cause, violating the First, Fourth, Fifth, Eighth, and Fourteenth Amendments to the U.S. 1,392 more words

Litigation Hold

Don't Free Fall on the Duty to Preserve

The duty to preserve is a tricky beast. Determining when a party “knew or should have known that litigation was imminent” is often a free fall into analyzing the facts of when a party had notice of a lawsuit. 411 more words

Litigation Hold

How eDiscovery Experts Can Help Fight the Blues

Magistrate Judge Jonathon Goodman knows the value of an expert deposition in complex litigation and B.B. King.

Everyday I Have the Blues

Here is the basic dispute in… 512 more words

E-Discovery

Don’t Argue “Human Error” For Not Searching ESI

It is dangerous for lawyers to argue information was not searched for years because of “human error.” That is right up there with saying, “Your Honor, we goofed. 640 more words

Duty To Preserve

Can You Ask the Court to Order a Party to Follow the Duty to Preserve?

A Pro Se Plaintiff in a prison inmate case requested the Court order the Defendants not to destroy any relevant video surveillance footage from a specific date. 294 more words

Litigation Hold

The Duty to Preserve on Island Time

No vacation should end with people becoming Plaintiffs. Sadly, that happened on a trip to Hawaii when someone had a slip and fall in a hotel garage after exiting an elevator. 659 more words

Litigation Hold

A Measured Response to Social Media Preservation

A Plaintiff in a civil lawsuit deactivated her Facebook profile on the advice of her attorney after the duty to preserve triggered. The Plaintiff claimed she used the account to primarily communicate with her family. 457 more words

E-Discovery