Category Archives: E-Discovery

A New E-Discovery Pot ‘O Gold: The SharePoint Online Recycle Bin

By Barclay | Published: February 22, 2012

Today Microsoft announced a new feature for its hosted SharePoint service that will inevitably rear its head in future ugly e-discovery disputes: a recycle bin for entire SharePoint sites. According to Microsoft, “business is full of “oops” moments, and sometimes these moments can really slow down productivity . . . enterprise customers can now restore [...]

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Formal Legal Hold policies and process are not optional – even for “informal” information

By Barclay | Published: January 3, 2012

“Here, a fine against [the company] serves the dual purposes of deterrence and punishment . . . Because [those responsible for spoliation] are the sole principals of [the company], a fine directed at [the company] will affect them directly.” Passlogix, Inc. v. 2FA Tech[i] What Happened? A partnership between two businesses failed, and litigation ensued. [...]

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How well do you understand your email system? Litigation is not the time to find out.

By Barclay | Published: December 12, 2011

“Had [outside counsel] fulfilled his obligation to familiarize himself with GFI’s policies earlier, the forensic searches and subsequent motions would have been unnecessary.” In re A & M Fla. Props.[i] 1.1     What happened? Two companies agreed to a $41 million real estate transaction. However, before the transaction closed, the sellers refinanced the properties in such [...]

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Email Management and Information Governance: Should we Just Get Rid of it All?

By Barclay | Published: December 5, 2011

“It raises a question of whether there were other relevant emails in existence at that time but which were also not produced, and there is no satisfactory answer because all emails not archived by the email users had since been automatically deleted from the server.” Connor v. Sun Trust Bank[i] What happened? An employee of [...]

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A New Blog Series on Email Management and Information Governance

By Barclay | Published: November 16, 2011

Introduction Email has been a part of our business lives for a long time – at least thirty years. While the basic functionality of email hasn’t changed much since the early 1970s, the way we use it has. From the first tentative, “terse and imperfect” messages sent by Internet pioneers like J.C.R. Licklider[i], to email [...]

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