Parties Beware: Courts May Force You To Pay Costs Stemming From Unnecessary...
As a party in litigation, one may often be exposed to significant costs associated with electronic discovery. Fortunately, U.S. Courts have significant discretion when shifting costs. Since eDiscovery...
View ArticleDeactivate Document Destruction Policies… Or Else
The New York Supreme Court, Appellate Division began it’s analysis in VOOM HD Holdings LLC v EchoStar Satellite L.L.C., 2012 N.Y. App. Div. LEXIS 559 (N.Y. App. Div. Jan. 31, 2012) by affirming that...
View ArticleYOU’VE GOT [NO] MAIL!
In today’s society individuals are increasingly turning to the courts and the justice system to remedy every wrong. Lawsuits are brought for any and every reason. You always hear the stories like the...
View ArticleBefore Pointing the Finger for Spoliation Sanctions, Make Sure You Have...
Be forewarned: your adversary’s mere destruction of documents is not enough for a court to order sanctions based on spoliation without proving bad faith. In Bensel v. Allied Pilots Association, 263...
View ArticleSecond Edition Released! eLL blog reviews Managing Discovery of Electronic...
Welcome back for the third and final part of our series summarizing and highlighting the most important parts of the new electronic discovery pocket guide for federal judges. Part One focused on the...
View ArticlePlaintiff Is Not a Pirate: Joint Venture Company Downloads Files from...
In Joseph Oats Holdings, Inc. v. RCM Digesters, Inc., the United States Court of Appeals for the Third Circuit vacated a District Court decision which held that plaintiffs had wrongfully copied...
View ArticleIf at First You Don’t Succeed, Try, Try Again—Court Protects Identities of...
Many individuals believe that matters pertaining to the United States Presidential Election are paramount to all other considerations. This, however, is not always the case and even those who create...
View ArticleFederal Judge in Illinois Denies Media Group’s Motion to Intervene Under FRCP...
Despite the importance of the general right to public access of court proceedings, a federal judge in Illinois ruled that a media group could not intervene in a lawsuit because, although it had...
View ArticleHonesty is the Best Policy, and Cell Phone Upgrades Are Not An Excuse
Don’t knowingly produce incorrect electronic devices for discovery! When opposing counsel requests production of your client’s cell phone from the relevant time period for inspection, it is your duty...
View ArticleFailure to Reasonably Inquire About the Completeness of Your Discovery Can...
A lawsuit over a policy charging plane passengers for their checked luggage has put lawyers across the country on notice as to what constitutes a “reasonably inquiry” when it comes to complying with...
View ArticleDefault Judgment Granted, Monetary Sanctions Imposed Against Plaintiff Tech...
Plaintiff’s counsel tried to distance the company and themselves from their retained consultant in an unsuccessful attempt to escape sanctions for multiple instances of misconduct. Illinois District...
View ArticlePlaintiffs Should Seek to Clone Hard Drives If They Suspect Spoliation...
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View ArticleCan a Court Compel Discovery about Discovery?
Collaboration and clarity are now the keys to success; well, at least the keys for a successful discovery. If a party fails to provide relevant and clear information about how the discovery request was...
View ArticleHave a Reasonable Document Retention Policy? Then Follow it!
After finding out certain relevant e-mails had been deleted, PSC immediately motioned to compel discovery and impose sanctions on BIPI. The deleted e-mails were particularly relevant because they...
View ArticleGulf of Mexico Not all that was Spoliated as a Consequence of the Deepwater...
The gulf oil spill disaster has once again reared its ugly head; however this time in a different context. In the corporate world, executives may believe that establishing a policy and informing...
View ArticleCourt Hesitant to Impose Discovery Sanctions Despite Defendant’s Delay and...
If I told you that your company delayed for nearly seven months to produce electronic documents critical to a pending lawsuit, you would think the judge presiding over your case may be a bit perturbed,...
View ArticleJudge Sheindlin Hits Spoliating Plaintiff with Adverse Inference Instruction
In Sekisui Am. Corp. v. Hart, District Court Judge Shira Sheindlin reversed a decision of the lower court and imposed sanctions against a plaintiff for its willful spoliation of electronically stored...
View ArticleTale of the Tape: Lax Litigation Hold Leads to Spoliation Sanctions… Again
Once bitten, twice shy. The classic idiom stands for the general proposition that when an individual is hurt by someone or something, they tend to avoid that person or situation in the future. Well,...
View ArticleHeavy Sanctions Can Be Levied Against Litigants Sitting on Discovery Information
Although this case does not deal directly with e-discovery, the ruling can have major e-discovery ramifications. Skipping to the end of this very long and complicated decision in Flinthill, the Judge’s...
View ArticleHow Can You Be Found Guilty of Computer Sabotage When You’re No Longer...
On July 31, 1996, plaintiff Omega Engineering Corp. (“Omega”), a New Jersey based company, lost its computer programs relating to design and production permanently from its system. Omega manufactured...
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