Tags » Duty To Preserve

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


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


Don’t Call Discovery Over Document Retention Policies Premature After You Admit Destroying Relevant Discovery

A Defendant sought reconsideration of a Court order allowing discovery on their document retention policies and litigation hold strategy on the grounds 1) the order was premature and 2) it was irrelevant and not discoverable. 475 more words


This Message Will Self-Destruct: Confide, Snapchat, and How New Self-Destructing Messaging Services Could Alter the Discovery Landscape

Self-destructing messages used to be found only in spy shows like “Mission Impossible.” But new messaging apps like teen-favorite Snapchat and the newly released Confide… 605 more words