Whether parties (and some nonparties) have possession, custody, or control over electronically stored information (ESI) is a key inquiry in defining their discovery obligations in a federal civil ...
Until the circuit split regarding Rule 34 "control" over ESI possessed by a third party is resolved, determining an employer's obligation to preserve and produce ESI contained on an employee's ...
Two particularly noteworthy topics in recent e-discovery litigation include: possession, custody, or control questions involving employee text messages; and the role and form of adverse inference ...
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