Herron, Pearl, and Ozmun Co-Author Article on Evidence Preservation in ACC Docket
O'Melveny partners David Herron and James "Bo" Pearl co-authored an article with in-house counsel, Elizabeth Ozmun, Vice President of Litigation and Employment Law at Advanced Micro Devices, Inc. The article, entitled, "Evidence Preservation Warfare: Ediscovery Lessons Learned from AMD v. Intel" is featured in the September 2010 issue of American Corporate Counsel magazine, the ACC Docket.
AMD v. Intel was not only a hard-fought case on the substantive merits, but generated intense satellite litigation concerning eDiscovery-related evidence preservation and spoliation issues. Using AMD v. Intel as a case study, the authors offer advice on best practices for evidence preservation, collection, and production. Specifically, this article discusses crafting defensible litigation hold instructions; committing to preservation program design and implementation; ongoing monitoring of evidence preservation; strategically protecting the attorney-client privilege and core attorney work product in the context of eDiscovery; addressing and handling the dangerous issue of email auto-delete functions; dealing with the "rogue" document custodian; detecting data loss in outgoing and incoming document productions; and strategies for proving and defending against charges of evidence spoliation.
August 30, 2010
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