What Is Data Preservation? A Guide To Creating a Defensible Data Preservation Plan


We define preservation, covering what, why, and when parties must preserve ESI for discovery — and the sanctions for spoliation if they don’t.

Data Preservation: Don’t Treat Discovery Like It’s 1999

IG Guru

Cell phones have been around for a long time, but preserving the data they contain for discovery purposes is still often overlooked or avoided due to expense and inconvenience. Two recent decisions highlight the importance of preserving relevant data, including text messages, as soon as litigation is anticipated. The post Data Preservation: Don’t Treat Discovery Like It’s 1999 appeared first on IG GURU.


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Modernizing data collection with OpenText EnCase Information Assurance

OpenText Information Management

cloud collection data collection data preservation ediscovery Information Assurance modern attachment modern data collection Security Cloud CE 22.2

iMessages Are No Longer Immutable: The Ability to Edit and Unsend iMessages Provided by Apple iOS 16 Spurs New E-Discovery Questions

eDiscovery Law

Trends & Emerging Issues Data Preservation Duty to Preserve Failure to Preserve FRCP 37(e) Preservation (effective Dec. On September 16th, Apple released iOS 16, which now allows users to edit or unsend iMessages. A sender can edit an iMessage up to five times within fifteen minutes after the message is sent. A sender can also unsend an iMessage within two minutes after the message is sent. Recipients of such messages receive an […].

Responding to Third-Party Subpoenas without Losing Your Cool


Best Practices Ediscovery Law Resources data preservation responding to third-party subpoenas Subpoenas

Ephemeral Ediscovery Data: Issues, Analysis and Application


Read how judges are thinking about this ephemeral data. Ediscovery Today Legal Operations PREX Summit Series corporate legal data data preservations ediscovery ephemeral data Federal Rules of Civil Procedure FRCP PREX

Integrated Communications & Technologies v.Hewlett-Packard Financial Services Company (D. Mass. Aug. 13, 2020)

eDiscovery Law

Nature of Case: Breach of Contract Electronic Data Involved: Emails and Computers Keywords: adverse inference, sanctions View Case Opinion. Case Summaries Data Preservation FRCP 37(e) Preservation (effective Dec. Key Insight: Spoliation had occurred, but no default judgment issued. Evidence regarding destruction was allowed, no testimony from plaintiffs regarding unpreserved ESI and adverse inference instruction.

Aviles v. S&P Global, Inc. (S.D.N.Y. 2021)

eDiscovery Law

Case Summaries Data Preservation Diversity Jurisdiction Fraud FRCP 26(b)(1) Scope Defined by Relevance and Proportionality (effective Dec. Key Insight: Plaintiffs filed a Motion to Compel to allow them unfettered access to all information located on a server. Defendant objected, claiming that Plaintiffs had no legal right to the server, and information on the server was irrelevant, confidential and/or privileged.

Axis Insurance Company v. American Specialty Insurance & Risk Services, Inc. (N.D. Ind. 2021)

eDiscovery Law

Case Summaries Breach of Contract Data Preservation Fees and Costs FRCP 26(b)(1) Scope in General (effective Dec. Key Insight: Plaintiff’s Motion to Compel sought missing documents and communications from, and the correction of metadata “issues” from Defendant and its parent company (via third party subpoena), and sought an award of attorney’s fees and costs.

Maintaining Data Security Through Slack Legal Hold: Minimizing Risks and Costs

Hanzo Learning Center

Managing data preservation for ediscovery requires walking on a knife’s edge. As soon as you can reasonably anticipate a litigation matter, you must rapidly identify and preserve any relevant data.

Defining the Scope of Preservation


In Part 3 of our series on data preservation best practices, we continue our discussion. The post Defining the Scope of Preservation appeared first on Zapproved. Best Practices Blog ediscovery legal hold preservation ScopeOur goal for Elevate Ediscovery remains providing practical guidance and actionable tips for in-house ediscovery professionals on an array of ediscovery topics.

U.S. Senators Introduce Bipartisan Bill on Reporting Critical Infrastructure Cyber Incidents and Ransomware Payments

Hunton Privacy

All entities subject to these requirements would face data preservation obligations. The Director of the CISA, in consultation with the heads of other federal agencies, would be charged with promulgating rules to implement these reporting and data preservation requirements.

Four Tips for Successful Meet and Confers

eDiscovery Daily

The purpose of the meet and confer is to discuss litigation details such as data preservation, privilege issues, the form of production, and expenses. To get the ball rolling, counsel can prepare a list of general questions: What data types need to be collected?

Ready for In-Depth eDiscovery Training? Head to Georgetown: eDiscovery Best Practices

eDiscovery Daily

There’s also Authentication and Admissibility, Forms of Production, Preservation and Sanctions and Technology-Assisted Review (“TAR”) for eDiscovery. Even Mobile Data Preservation, Rule 502 and Ethics. Sponsor: This blog is sponsored by CloudNine , which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation.

Court Enters Parties’ Order for Discovery of ESI: eDiscovery Case Law

eDiscovery Daily

26(f) conference (or later if agreed) custodians, non-custodial data sources, third party data sources and inaccessible data. It’s a rare, if not unheard of, case law post that discusses an agreement between parties, not a dispute! Just in time for the holidays!

Here’s a Webinar TODAY to Learn about Preserving and Analyzing Smartphone Data: eDiscovery Best Practices

eDiscovery Daily

But, how can you ensure you’re properly preserving the ESI on your smartphone and how can you get the most out of the data it contains? Preservation & Analysis of Smartphone Data for Today’s Connected World will be presented at 2pm ET today (1pm CT, 11am PT). Requirements to preserve and collect cell phone data. Best ways to analyze data from a cell phone: Text/SMS/MMS including media.

Off the Record: Texting

The Texas Record

Data Preservation: Don’t Treat Discovery Like It’s 1999 “- IG Guru. Highlighted here are two legal cases where text messages played a major role in discovery and the preservation of evidence. Tune in monthly for a curated collection of articles we found interesting on a broad range of topics; some which are directly related to records management and others which might share common themes.

CloudNine Automates eDiscovery Preservation and Collection

eDiscovery Daily

Cloud-based Offering Integrates and Automates Targeted Preservation and Collection Capability into the CloudNine eDiscovery Platform. CloudNine, a leader in simplifying and automating data and legal discovery for litigation, investigations, and audits, today announced the release of Targeted Preservation and Collection from CloudNine, an integrated and automated data discovery feature of the CloudNine eDiscovery Platform.

UAE: Federal level data protection law enacted

DLA Piper Privacy Matters

The United Arab Emirates (“UAE”) has enacted its long awaited federal level data protection law. 45 of 2021 on the Protection of Personal Data Protection (“ PDPL ”), which was issued on 26 September 2021. The Data Protection Office. Appointment of Data Processors.

Welcome to ILTACON 2019!: eDiscovery Trends

eDiscovery Daily

With news of data breaches happening more often than we want to hear, who ultimately has responsibility for data privacy and security? Who is ultimately responsible for making sure data preservation and collection is conducted with the utmost quality and precision? Takeaways: Learn how the move of applications to the cloud changed collection and preservation.

Looking to the Future with CloudNine, Concordance and LAW PreDiscovery: eDiscovery Webcasts

eDiscovery Daily

CloudNine recently acquired the Concordance, LAW PreDiscovery and Early Data Analyzer platforms. In this one-hour webcast, we will provide an overview of CloudNine, the vision for our new robust suite of products and how they will extend and enhance your data and legal discovery efforts. CloudNine Automated Data Preservation and Collection. So, who is CloudNine, why did they acquire these products and what is their vision for them going forward?

Another Commentary from The Sedona Conference: eDiscovery Best Practices

eDiscovery Daily

This Commentary is contained within a manageable 43 page PDF document and, as many good TSC commentaries do, includes several guidelines “to help a party meet its duty to preserve discoverable information and to provide pragmatic suggestions and a framework for creating a set of preservation procedures.” Guideline 2: Adopting and consistently following a policy governing an organization’s preservation obligations are factors that may demonstrate reasonableness and good faith.

European Data Protection Supervisor Publishes 2010 Annual Report; Sets Agenda for the Future

Hunton Privacy

On June 15, 2011, European Data Protection Supervisor (“EDPS”) Peter Hustinx gave a press conference to present his annual report for 2010. In his speech, Hustinx focused primarily on the review of the EU data protection framework and the Data Retention Directive. The EDPS also took the opportunity to call on private companies to enhance data protection compliance in the Information and Communication Technologies (“ICT”) environment.

European Commission Presents Evaluation Report on Telecommunications Data Retention

Hunton Privacy

On April 18, 2011, the European Commission (the “Commission”) adopted an Evaluation Report on the EU Data Retention Directive 2006/24/EC (the “Data Retention Directive”). The Data Retention Directive requires that, for law enforcement purposes, telecommunications service and network providers (“Operators”) must retain certain categories of telecommunications data (excluding the content of the communication) for not less than six months and not more than two years.

eDiscovery Expert Tom O’Connor Reviews CloudNine Platform

eDiscovery Daily

A new user can literally login, set up an account, point to a set of data and begin working within 5 minutes. That pricing is based on data volume, with unlimited users. An automated data loading service for Relativity that automatically ingests and loads data into Relativity based on your specified criteria. Free Early Data Assessment (EDA). New Targeted Preservation and Collection capability. This capability can be used at any point after data upload.

European Commission Issues New Cloud Computing Strategy

Hunton Privacy

These three elements, particularly the simplification of standards and the new model contract terms, are of interest to data protection practitioners. The certification schemes will address data protection, especially data portability, and focus on increased transparency of cloud service providers’ security practices. Cybersecurity European Union International Article 29 Working Party Binding Corporate Rules Cloud Computing Data Transfer European Commission Service Provider