2021 eDiscovery Case Law Wrap-Up | Ipro Tech - JDSupra - JD Supra

Information Governance, including a documented process regarding the use of data security and minimization

solutions, can prove that reasonable efforts were made to preserve data, and that any deletions were not intentional.

Learn more in this guide to Information Governance 2021 how these tools and processes can help improve

In this case, the plaintiff claimed the defendant spoliated body cam footage of an interview. The problem is, they

never had proof the video existed in the first place. Even if the footage had been proven to have existed, it still must

Emerging video and other data derived from IoT devices is increasingly becoming a part of ESI—and resulting

litigation. IPRO recently discussed how information stored in Fitbit, Amazon devices and other technologies must be

In this case, the defendant placed a legal hold on phone call data and recordings as requested but failed to suspend

hold was automatically deleted. Partial sanctions were levied against the plaintiff, though no jury instruction was

While Information Governance policies can inform Legal Hold and preservation policies, they must be periodically

In this case, the defendant claimed the plaintiff had spoliated requested data from a Facebook account because it was

deactivated (It was unclear at times how many accounts the plaintiff had and when they were activated). However,

in other forms. If, after the plaintiff reactivates his account, evidence relevant to the case is found to be lost, then the

Facebook is not so new anymore, and eDiscovery professionals must keep informed of data retention policies in it,

as well as other social media and collaboration tools. How mature are your organization’s Information Governance

In this case, the phones belonging to Martin Shkreli, AKA The Pharma Bro, in an ongoing antitrust suit were requested

as part of discovery. The first phone was a business phone he kept after leaving the organization. The second, was a

WhatsApp, SnapChat, and other ephemeral messaging apps are increasingly becoming important in regard to

source: https://www.jdsupra.com/legalnews/2021-ediscovery-case-law-wrap-up-6164774/

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