Preservation

  • Truth
    Legal Updates

    And The Truth, or Lack Thereof, Shall Set You Free - PART ONE

    In Part One of this blog series, I discuss a case that makes clear the importance of complying with discovery obligations. The Court concluded that Plaintiff’s “extensive misconduct and deception, without any obvious contrition or awareness of the wrongfulness of his conduct” posed a serious risk any further proceedings would be “plagued” by a similar pattern of discovery abuse and deception that would make “it impossible for the district court to conduct a trial with any reasonable assurance that the truth would be available” and ordered Plaintiff’s complaint dismissed with prejudice. Indeed, although the old adage dictates that to the victor go the spoils, there are no spoils and no victory for one who engages in spoliation. 

  • 3 Tips for Managing the Preservation of Mobile Device Data
    Legal Updates

    3 Tips for Managing the Preservation of Mobile Device Data

    Even when the need to preserve mobile data is clear, for clients who are not technical experts or who do not have technical experts on staff, how to go about actually preserving that data may not be so obvious. As legal professionals, it is important that we understand how to help our clients preserve mobile data and what pitfalls they may encounter.

  • Text Messages:  Preservation Lessons for Mobile E-Discovery
    Legal Updates

    Text Messages: Preservation Lessons for Mobile E-Discovery

    There was a time when the only data you needed to collect in response to a discovery request was corporate email. Fast forward to present day. Employees are conducting business with smartphones, via social media and with the assistance of wearable technology. As a result, responding to e-discovery requests has become increasingly challenging.