5 tips on how to collect data for ediscovery
Data collection is one of the biggest challenges litigation teams face. Nextpoint shares five practical tips for building a complete, repeatable, and defensible eDiscovery collection process.
Tag Preservation
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Motion to Compel Preservation of RAM Denied Without Prejudice
A Delaware federal court denied, without prejudice, Belvac’s motion to compel preservation of RAM data, citing lack of good cause under its Default Standard. The case highlights the challenges of ephemeral data preservation in eDiscovery disputes.
Don’t Rush Past Relevance: Assessing the Discoverability of AI Prompts and Outputs
As AI becomes a staple in workplace tools, courts and counsel must evaluate whether AI-generated prompts and outputs meet legal thresholds for relevance, proportionality, and privacy in discovery.
Escaping Orwell’s Memory Hole: Why Digital Truth Should Outlast Big Brother
Award winning author, Ralph Losey, explores memory holes to remove unwanted information as Orwell described it, in light of the differences between ridding paper and scrubbing the digital. Misinformation's effects are also explored, with steps we call can consider to increase our resilience.
Echoes of AI: Episode 20 | Escaping Orwell’s Memory Hole: Why Digital Truth Should Outlast Big Brother
Attorney, award winning blogger and AI expert Ralph Losey's curated and vetted podcast features his Anonymous Podcasters as they do a deep dive on Ralph's EDRM blog post, "Escaping Orwell's Memory Hole: Why Digital Truth Should Outlast Big Brother." The podcasters dig into Ralph's post on how digital systems can be erased of certain content, easier in some ways than Orwell's memory holing of printed material, and more difficult, since the Internet remembers everything. The Internet Archive and content replication on the net preserves, but may not be easy to find, especially with filtering firewalls. The discussion includes the psychological impact of information being difficult to find, or untrusted. The podcasters conclude with steps to strengthen our psychological resilience.
Felder Part 4 of 4: Was the Felder Defendant’s 14-Day Video Overwriting Policy Defensible?
This final part in the Felder v. MGM series examines whether the defendant's 14-day video overwriting policy was reasonable under the circumstances and explores critical questions about the policy's defensibility.
Felder Part 3 of 4: Defendant’s Overwriting of Video Footage After 14 Days Held Not to be Spoliation
In the case of Felder v. MGM National Harbor, the court found that overwriting video footage after 14 days did not constitute spoliation. The ruling highlights the necessity of prompt preservation demands when relying on video evidence.
Designation of “Work Product” Supports Inference of Intentional Spoliation
Stuart v. County of Riverside, 2024 WL 3086634 (C.D. Cal. Jun 14, 2024) emphasizes the importance of specifically designating "work product" protection in a privilege log as it can indicate intentional spoliation if evidence is not preserved after the date of the first work product designation.