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Legal Tech: Winter 2019 E-Discovery Case Law Review

By Mike Hamilton
March 01, 2019

As a practice, e-discovery involves professionals from a variety of disciplines. For this case law review, we spoke with professionals who play different roles in the e-discovery process to identify three case law rulings from 2018 that stood out in the impact they have on how e-discovery is practiced today. The rulings in EPAC Technologies v. Harper Collins Christian Publishing, Waymo LLC v. Uber Techs, Inc., and Klipsch Group v. EPro E-Commerce all have the potential to cause organizations to re-evaluate their e-discovery processes to make sure they are complying with the requirements of the law.

Inadequate Legal Hold Process Leads to Sanctions

EPAC Technologies, Inc. v. HarperCollins Christian Publishing (M.D. Tenn. March 29, 2018)

The first line of defense against spoliation starts with your legal hold process. If that process has gaps, don't be surprised if data is inadvertently deleted like in this case.

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