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Author Archives: Peter Coons

eDiscovery Update: Destruction of email does not lead to sanctions

Having a Solid Litigation Response Plan May Prevent Sanctions When does the destruction of email messages of a named plaintiff by the defendant’s IT department lead to sanctions? Apparently not in the matter of Auffarth v. Herald Natl. Bank (Supreme ...

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eDiscovery Update: Email file types and how to handle them

OST, PST, MBOX, EML, what the heck! What do all these acronyms mean? If you are a litigation support professional or an attorney dealing with eDiscovery, you have likely encountered email of various types. You may know that a PST ...

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eDiscovery Update: Is DIY discovery upon us?

Recently, a number of eDiscovery software companies have been touting DIY and Software as a Service (SaaS) as an alternative to the traditional methods used to prepare ESI for review and production.  Currently, law firms and corporations will process ESI ...

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eDiscovery Update: FBI vs. Apple – thinking outside the phone

Unless you have been living under a rock for the past few weeks you’ve likely heard about the privacy bout of the millennia, Apple vs. FBI. If not, here is a really short recap: The FBI wants Apple to modify ...

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eDiscovery Update: May the Force be with you!

I was one of the millions of lucky nerds who saw the movie on opening day. I had high expectations and couldn’t wait to experience some of the magic from my childhood, when I was first introduced to the force ...

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eDiscovery Update: Fishing for Facebook facts

A recent employment discrimination matter out of the S.D. of Indiana (Appler v. Mead Johnson & Co., LLC) involved the discovery of social media evidence. That’s not unique, but what is thought-provoking is the court’s decision to allow the discovery ...

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eDiscovery Update: Data wiping, missing iPhone leads to sanctions

Coons, Peter FEAT

A recent ruling from the Supreme Court in Albany County (HMS Holding Corp v. Arendt) caught my eye for numerous reasons. One was the court’s decision to levy sanctions for spoliation, and another was the overwhelming evidence put forward by ...

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