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The In-House Advisor Published by Shepard Davidson & Renee Inomata

Category Archives: Discovery

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Arbitration vs. Litigation – Substantive Differences Beyond Time and Expense

Posted in Arbitration and Mediation, Discovery, Pre-Litigation Considerations

In an earlier post, “Is Arbitration Quicker, Cheaper and Better for You?” I discussed why having a faster and less expensive dispute resolution mechanism may not be in your best interest.  Make no mistake, however, the differences between traditional litigation and arbitration go well beyond the time and expense it takes to complete the respective… Continue Reading

A Company’s Obligation to Preserve Electronically Stored Information

Posted in Discovery, Miscellaneous, Privacy & Data Security

While non-lawyers may not have heard of the term “spoliation,” most people intuitively know that destroying evidence related to an ongoing litigation is a bad thing to do.  Conversely, even many lawyers do not know the breadth of a company’s obligation to preserve evidence, particularly electronically stored information (which is quaintly referred to as “ESI”). … Continue Reading