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Demonstrating Good Faith in ESI Preservation

by Conrad Jacoby

Preservation is the foundation for effective management of discovery materials—hardcopy and electronic alike.  After all, documents that are not preserved cannot be examined for potential relevance.  Courts routinely punish parties that have failed to preserve potentially relevant evidence—even though, as a statistical matter, it’s overwhelmingly likely that documents within an organization are continue…



The Sedona Conference Cooperation Proclamation

This past July, The Sedona Conference launched a coordinated effort to promote cooperation by all parties to the e-discovery process. This proclamation outlines The Sedona Conference’s vision for achieving the goal of a “just, speedy and inexpensive determination of every action.” Read the full proclamation here.



Sixth Circuit Finds Appeal of Antitrust Action ‘the Essence of Frivolity’, Imposes Appellate Sanctions

The Sixth Circuit has affirmed a district court’s award of Rule 11 sanctions against an attorney (B & H Medical v. Wright & Filippis, Inc.) for pursuing frivolous claims. The court threw in an award for appellate sanctions. Read more in the Common Law Journal.



Arkfeld’s Electronic Discovery and Evidence Alert

Stay informed of the rapidly changing e-discovery area with Michael Arkfeld’s online newsletter. Over the next several weeks the E-Discovery Alert will focus on the strategy and tactics for handling 16 specific ESI issues. To register for this informative resource, click here.





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