Zapproved Blog

Weighing strategies: Collect to Preserve v. Preserve in Place

Rapid technology evolution and new data sources are making preservation for ediscovery harder and more expensive than ever to manage. At the 2016 PREX, the premier conference for in-house e-discovery professionals, panelist Ryan Blackhart, Discovery Counsel at Google discussed collection strategies: collecting to preserve versus preserving in place, and he shared his thoughts as to when to deploy which strategy to best serve an organization’s interests while meeting their duty to preserve.

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Minimal Sanctions for a Minimal Showing of Prejudice

In a breach of contract matter, the court refused to impose severe spoliation sanctions under Federal Rule of Civil Procedure 37 where a party requesting sanctions did not demonstrate prejudice because the lost files were generally irrelevant or available from other sources.

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Minding the preservation gap when migrating to Office 365

As organizations increasingly migrate their data to Microsoft Office 365, legal and IT departments are facing the challenge of defensibly managing preservation in a hybrid data environment. This white paper identifies cross-departmental considerations for successfully minding the preservation gap during migration to Office 365 and beyond.

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How the FRCP rule changes affect civil litigation

Rapid technology evolution and new data sources are making e-discovery harder and more costly than ever. At the 2016 PREX, the premier conference for in-house e-discovery professionals, legal experts review the concept of proportionality and how to respond to the changed rules

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Get Schooled in Handling E-Discovery in Title IX Matters

Educational institutions at every level face a myriad of legal challenges, among them lawsuits by students and employees, federal and state audits and program reviews, internal investigations, and public information requests. Most schools and universities are historically ill equipped to handle the compliance demands required by Title IX of the Education Amendments of 1972. This Zapproved solution brief identifies the challenges educational institutions face in complying with Title IX requirements and shares steps to overcome them.

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Discovery Misconduct “As Deep As It Is Wide” Merits Harsh Sanctions

The court ordered issue preclusion and costs as severe sanctions against a party that engaged in continuous discovery misconduct, including failing to take reasonable steps to preserve evidence stored on a third-party server and making innumerable excuses for the failure to produce documents. The court also sanctioned the party’s counsel for his failure to check his client’s behavior and for taking steps that inappropriately lengthened the proceedings.

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How Energy Companies Can Simplify Data Preservation and Streamline E-Discovery

Energy companies are subject to strict regulatory retention and data compliance regimes. Companies’ data volumes are doubling roughly every two years, and the cost of litigation, especially e-discovery, is increasing at a similar rate. Corporate legal teams need solutions to automate preservation and defensibly manage the daunting challenges of e-discovery cost-effectively and confidently. This Zapproved solution brief shares best practices for corporate legal teams in the energy sector.
Energy companies are subject to strict regulatory retention and data compliance regimes. Companies’ data volumes are doubling roughly every two years, and the cost of litigation, especially e-discovery, is increasing at a similar rate. Corporate legal teams need solutions to automate preservation and defensibly manage the daunting challenges of e-discovery cost-effectively and confidently. This Zapproved solution brief shares best practices for corporate legal teams in the energy sector.

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Announcing the I Solve E-Discovery Movement

Announcing the I Solve E-Discovery Movement. Join e-discovery professionals in taking action to build momentum for positive change and nominate an e-discovery expert or in-house legal professional to win a Corporate E-Discovery Hero Award.

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Stop the Music: $25 Million Verdict Intact Despite Party’s Intentional Spoliation of Evidence

In this copyright infringement case, the court found the plaintiff had intentionally spoliated evidence. The court allowed the defendant to address the spoliation in its opening statement and instructed the jury that it could consider the loss of evidence in its deliberations. Despite these sanctions, the jury awarded the plaintiff $25 million after finding that the defendant infringed the plaintiff’s copyrighted music. In a motion for a new trial, the defendant argued that the sanctions were “anemic,” among other things. The district judge denied the defendant’s motion and entered final judgment for the plaintiff, finding the lesser sanctions sufficient to cure the prejudice; anything more would have been tantamount to dismissal.

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How Emerging Technology Is Affecting E-Discovery

Buckle up. Technology is altering how e-discovery works. Learn what to expect and how to plan for the future. Technology is accelerating every day. Amid this rapid change, data sources relevant to e-discovery are literally crossing all facets of life — and there’s...

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A Discussion With the Hon. Shira Scheindlin

Former U.S. District Court Judge Shira A. Scheindlin, now an arbitrator and mediator with JAMS and of counsel in the litigation practice group at Stroock & Stroock & Lavan, delivered the keynote address on the first day of the 2016 PREX, the premier conference for e-discovery professionals. In a departure from the typical lecture format, attorney and professor Maura Grossman engaged Judge Scheindlin in a fireside chat on topics ranging from her retirement, to her groundbreaking Zubulake opinions, to her thoughts on the recent amendments to the Federal Rules of Civil Procedure, asking her to reflect on some of the highlights of her career and expectations for the future of e-discovery.

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Take The 3-Minute In-House E-Discovery Data Processing Survey

The 2017 In-House E-Discovery Data Processing Benchmark Survey presents the level of satisfaction and preferences of in-house e-discovery professionals, IT personnel, and legal operations staff regarding the speed, cost, ease-of-use, security and risk associated with their e-discovery data processing.

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Stories of Bringing E-Discovery In-house

Stories of Bringing E-Discovery In-house — Learn from three leading in-house legal professionals why and how they decided to move much of their electronic discovery functions inside the company, including preservation, collection and processing. More than 80% of in-house legal teams are making the move, so learn what went well and what didn’t. For those who are considering a similar move, this webinar will share real-world experience from peers who have taken the leap so you can learn from their successes as well as avoid any pitfalls they experienced.

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Zapproved Adopts EU-U.S. Privacy Shield

The EU-U.S. Privacy Shield Framework was designed by the U.S. Department of Commerce and European Commission to provide companies on both sides of the Atlantic with a mechanism to comply with EU data protection requirements when transferring personal data from the...

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Before Asking for Sanctions, Check the Recycle Bin

Erhart v. BofI Holding, Inc., No. 15-cv-02287-BAS (NLS), 2016 WL 5110453 (S.D. Cal. Sept. 21, 2016). The court denied sanctions against a party where the huge majority of the files he deleted were not actually destroyed, as they were mostly still located in the...

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The Path to E-Discovery Wellness for Health Care

Zapproved Solution Brief: Health Care Industry The health care industry faces significant challenges when it comes to handling electronic data for litigation and regulatory matters. Case law clearly requires that once the threat of litigation arises, health care...

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Slip and Fall Case Leads to Sanctions Faceplant

Atiles v. Golub Corp., No. 521828 (N.Y. App. July 28, 2016). The appellate court affirmed the lower court’s denial of an adverse inference instruction where the plaintiff did not establish that the additional video evidence she sought was “relevant to [her] claim.”...

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Banking on Better E-Discovery in Finance

In this whitepaper, see the five steps to simplify in-house legal preservation for the finance industry and how to harness the cloud to manage sensitive data with ease. E-discovery in the finance and banking services industry is more challenging than ever. Strict...

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Legal Hold Case Study: athenahealth

athenahealth Achieves Successful Data Preservation by Understanding Their Custodians As a fast-growing company, athenahealth faced an increase in cases, several with a large number of custodians, and no real way to manage hold notices. They needed a better way. Read...

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Zapproved featured in AWS Case Study

Creating Disruptive Technology for the Legal Industry Zapproved's e-discovery solutions  featured in Amazon Web Services (AWS) case study. The Challenge Zapproved wanted an easier, faster way to process millions of legal documents each hour on its Digital Discovery...

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Legal Hold Pro Brings Hold Data Into Clear View

Legal Hold Pro Analytics Analytics is designed to show high-level metrics for your data in Legal Hold Pro. Users can view the analytics tab even if they do not have access to all holds in the Legal Hold Center and can print or export the dashboard to a pdf. Please...

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First TechTown Diversity Pledge Survey Results In

Survey reveals that PDX Tech is mostly young, white and male In a recent Portland Business Journal article, the results of the inaugural TechTown Portland survey were released. The TechTown Diversity Pledge survey report offers a benchmark for diversity pledge...

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