Avoid the Dangers of Missing E-Data

Most discovery requests will require production of electronic data. Even if you’re tech savvy, it’s better not to go it alone because the sanctions for missing something can be huge, as Delta Airlines and defense counsel in a trademark case have found out the hard way. Plus you have an ethical duty to competently handle e-discovery—including bringing technical consultants on board when needed. Continue reading

Put a “Legal Hold” on Data Destruction

144952362Updated 8/17/15: Companies are increasingly turning to automated hold processes to make a legal hold smoother and more legally defensible.

Your client may have the responsibility to preserve electronic evidence, but how to you make sure everyone who has your client’s data gets that message? Send a “legal hold” or data preservation letter to all potential custodians of your client’s relevant data. Continue reading

Picking the E-Data Custodian’s Brain

After you’ve ensured that your client is preserving all potentially relevant or responsive electronic data, you need to identify what E-data to collect for potential use in the litigation, including for discovery. This means you need to find the key data custodians and pick their brains. Continue reading