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litigation hold
Get control of your ESI before it destroys your company
How many of you actually know what ESI you have and where it is? I mean really know—not just: well, it’s probably in the email server or the share drives or maybe the SharePoint server. If you don’t fully know what you have in your email server, including how old the emails and attachments are, [...]
Is a Litigation Hold Email Enough?
The legal hold requirement is vastly misunderstood in my opinion. I have run into many corporate counsels that have the opinion;”I just send and email out to anyone in my company that could have responsive ESI asking them to be sure not to delete any data about the following subjects”. Then, if the delete something [...]
Effective Records Management Greatly Benefits the Legal Dept for eDiscovery
Many (but not all) corporate legal types consider ESI retention management as the legal hold process. Not a bad thought but really falls short of a true corporate definition of the term. To records managers ESI retention management refers to the systematic retention and disposition of the organizations electronic business records; either for the day [...]
eDiscovery doesn’t just happen in the United States
I recently ran across a few articles on U.K. developer CPC Group Ltd and Qatari Diar Real Estate Investment Co, which is the real-estate investment arm of Qatar’s sovereign-wealth fund. The decision was that Qatari Diar wrongfully backed out of a deal to redevelop London’s landmark Chelsea Barracks site after the plan was opposed by Prince Charles, a [...]
A Proper Legal Hold Requires More Than Just an Email to a Few Employees
In the recent case; Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010), one of the discovery points made in the decision was what is the appropriate legal hold process to meet an organization’s legal hold responsibilities. The court determined that the defendant breached its duty to preserve by [...]
