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No Sanctions for Breach of Duty to Preserve Video, Due to Lack of Prejudice

E-Discovery LLC

THE DUTY TO PRESERVE The Hobson court wrote that the duty to preserve relevant information “is one of the most basic, well-established, and widely accepted litigation tenets.” It is triggered when a potential party has “some notice that the evidence is potentially relevant to… reasonably foreseeable litigation.” 22, 2024); M.

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Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

E-Discovery LLC

Initially, Simic did not produce records to Mintas that were provided pursuant to a separate non-party subpoena. The court continued: This honor system for discovery works in the overwhelming majority of cases, but the word of a litigation opponent is not sufficient in every case. Mintas moved to compel or for a forensic examination.

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What is the Stored Communications Act? Understanding the SCA & Subpoena Compliance

Percipient

But with digital transformation comes legal complexity–especially when responding to subpoenas for electronic communications. Failure to comply with the SCA when responding to subpoenas can lead to significant legal and financial repercussions, reputational damage, and even loss of customer trust.

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You Subpoenaed My Documents, Shouldn’t You Pay for Them?

Percipient

Your company received a document subpoena in a legal dispute in which it is not involved. If the subpoena issued is in federal litigation, your company is likely responsible for the cost of compliance, especially if it has a connection to the litigation. Who covers the expense in responding to it? In United States v.

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Key COVID-19 Considerations for U.S. Discovery and Information Governance

Discovery Advocate

Many companies have turned to technology to help with this process. Yet, even technology-driven discovery response programs leave room for the human element. For example, teleworking employees could see subpoenas seeking corporate information they can access remotely. This issue could flow both ways.

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Key COVID-19 Considerations for U.S. Discovery and Information Governance

Discovery Advocate

Many companies have turned to technology to help with this process. Yet, even technology-driven discovery response programs leave room for the human element. For example, teleworking employees could see subpoenas seeking corporate information they can access remotely. This issue could flow both ways.

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Motion to Compel Searching of BYOD Devices – Defendant’s Information Governance Policy Determined Outcome

E-Discovery LLC

Information is one of a businesss most valuable assets and corporate policies may determine the outcome of litigation. An acceptable use of personal devices was to connect to Revance information technology systems that directly or indirectly supported its business. The decision underscores the importance of information governance.