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Category Archives: E-Discovery

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Hot Off the Press – Doing Business in Canada: Navigating Opportunities for Investment and Growth

Posted in Anti-Spam, Consumer Protection, E-Discovery

If your organization is currently thinking about establishing or acquiring a business in Canada, the newest edition of Doing Business in Canada, written by McCarthy Tétrault, will prove to be a valuable resource. The guide provides a broad overview of the legal considerations that non-residents should take into account to help ensure their success as… → Read More

Cour suprême : Interception de textos auprès d’un fournisseur de services de télécommunications

Posted in E-Discovery

R. c. Société Telus Communications est un autre exemple jurisprudentiel intéressant de l’application du droit général à la protection contre les fouilles, les perquisitions et les saisies abusives garanti par l’article 8 de la Charte canadienne en fonction du progrès technologique. La Cour suprême a dû se prononcer sur la validité d’un mandat général obtenu… → Read More

Status Update: Social Media in the Changing Landscape of Litigation in Canada

Posted in E-Discovery, Privacy

Information disseminated through social media platforms such as Facebook and LinkedIn is of growing utility in litigation matters. Evidence obtained from social media accounts by way of discovery preservation and production orders has significantly strengthened the positions of litigating parties. This should come as no surprise as individuals routinely “post” messages, thoughts, pictures and experiences… → Read More

Custodian Self-Collection and Employee-Based Searching – Evaluating Adequacy

Posted in E-Discovery

Can employees be trusted to search their own records in response to an e discovery request? What documentation is required to demonstrate “search accuracy” in self-collection? What if the custodians get it “wrong”? These are some of the questions addressed in the Opinion and Order filed July 13, 2012 in National Day Laborer Organizing Network… → Read More

Where the Money Goes: Rand Institute’s Report Highlights Companies’ e-Discovery Spend

Posted in E-Discovery

What are the costs associated with different phases of e-discovery production? How are these costs distributed across internal and external sources of labour, resources, and services? And how can these costs be reduced without compromising quality? The Rand Institute for Civil Justice’s April monograph, “Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery”… → Read More

Preserve Documents in the Face of Litigation

Posted in E-Discovery

With the massive number of emails and other electronic documents generated today on a daily basis, organizations face tough challenges in preserving documents in the face of litigation. In Voom HD Holdings LLC v. EchoStar Satellite LLC, Index No. 600292/08, 2012 NY Slip Op 00658 (January 31, 2012), the New York Appellate Division provides some timely guidance on what steps… → Read More

Surprising Results from an e-Discovery Survey

Posted in E-Discovery

A recent survey on information retention and e-discovery practices, undertaken by a large IT service provider, yielded some surprising results. The purpose of the survey was to better understand how companies are responding to litigation and regulatory requests for information despite an increasing amount of data from a growing number of sources. The survey also… → Read More

Document Preservation – Five Steps to Take if You are Sued

Posted in E-Discovery

Parties to litigation have an obligation to produce all documents under their care, control or power. Under most rules of court, “documents” include items created electronically, such as standard office suite documents, e-mails, text messages, voice message records and other electronic artifacts. Often, a failure to produce a document relevant to the issues in the… → Read More