Data Collection

  • Purple Rain
    Legal Updates

    It’s Purple Raining Sanctions: Litigation Regarding Prince’s Estate Provides Framework for Determining When Sanctions Apply Under FRCP Rule 37(e)

    You may have read my colleague Starling Underwood’s post on two recent Second Circuit decisions discussing sanctions for spoliation. If you have not, I encourage you to read it here.  In this post, and continuing our music-themed sanction discussions, I narrow the focus to Federal Rule of Civil Procedure Rule 37(e), which is used to determine whether and what sanctions are appropriate when ESI spoliation occurs. A recent decision from the Minnesota District Court involving the estate of the artist Prince Rodgers Nelson (“Prince”), Paisley Park Enterprises, Inc. v. Boxill, provides a detailed review of the sanctions analysis under Rule 37(e), while dealing with a category of very common ESI data often at issue in litigation today –  mobile phone text messages.

  • Data Collection: Remain Calm and Turn Over Your Phone
    Technology Advantage

    Data Collection: Remain Calm and Turn Over Your Phone

    Mobile devices are an absolute necessity in our everyday life. When it comes to litigation (or potential litigation), our beloved devices are usually subject to discovery as they may contain information that is relevant to proving or disproving a case. As a result, when developing a data collection strategy, mobile devices must be considered. Mobile devices may now be as valuable as the more typical sources of information, namely personal computers and network locations, and with this newly-recognized discovery relevance comes a potential for trouble.

  • Part One of ESI Basics: PSTs
    Technology Advantage

    Part One of ESI Basics: PSTs

    This is Part One of a continuing series on ESI basics. In this series, we will cover some of the terms used most often on the tech-side of e-discovery. Whether this is an introduction to you, or a refresher, and whether you are an attorney, member of an in-house team, or data analyst, we think this information may come in handy in your practice.