A “Practical Control” Decision Rejects the “Legal Right” Standard

I have written of the need for a national uniform definition of “possession, custody, or control.” Possession, Custody, or Control – Need for a Uniform National Standard – Part II (Feb. 18, 2026). The two most prominent tests are the “legal right” and the “practical ability” standards. As noted in the blog, the Sedona Conference has suggested that the boundaries sometimes blur.... By: EDRM - Electronic Discovery Reference Model