Electronic Discovery Civil Remedies

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
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Failure to Prepare for Litigation Results in Adverse Inference Instructions (California)

NuVasive, Inc. v. Madsen Med., Inc., 2015 WL 4479147 (S.D. Cal. July 22, 2015). In this conspiracy theory case, the defendants filed a motion for sanctions against the plaintiff, alleging that the plaintiff engaged in...more

Court Grants Restraining Order in Light of Inadvertent Disclosure (California)

Newark Unified Sch. Dist. v. Superior Court , 2015 WL 4594095 (Cal. Ct. App. July 31, 2015). In this inadvertent document release case, the plaintiff sought injunctive relief against the defendant, requiring the return...more

Court Grants Sanctions In Light of Reckless Failure to Preserve (Delaware)

Kan-Di-Ki, LLC v. Suer, 2015 WL 4503210 (Del. Ch. July 22, 2015). In this breach of contract case, the plaintiff alleged that the defendant engaged in suppression and spoliation of evidence when the defendant deleted...more

Bad Faith Needed for Court to Rule in Favor of Spoliation Sanctions (Illinois)

Charvat v. Valente, 2015 WL 4037776 (N.D. Ill. July 1, 2015) - In this employment case, the plaintiffs alleged that the defendant corporation had engaged in spoliation when it deleted certain files from its employees’...more

Failure to Comply After Meet and Confer Results in Expensive Costs for Reproduction (California)

Themis Bar Review, LLC v. Kaplan, Inc., WL 3397877 (S.D. Cal. May 26, 2015). The defendant served the plaintiff a request for production, seeking documents related to the plaintiff’s pass rate advertising and data...more

Court Finds Good Faith Submission of Costs in Accordance with Rule 54 (North Dakota)

Fitbug Ltd. v. Fitbit, Inc., 2015 WL 2251257 (N.D. Cal. May 13, 2015). In this trademark infringement case, two manufacturers of electronic fitness tracking devices disagreed over the bill of costs submitted by the...more

Court Affirms that Discovery Standard is Reasonableness, Not Perfection (Nebraska)

Malone v. Kantner Ingredients, Inc., 2015 WL 1470334 (D. Neb. Mar. 31, 2015). In this employment dispute, the plaintiffs moved for an order to request production of emails and invoices between the defendants and a...more

Amendments to Federal Rules of Civil Procedure: Is the Discovery Problem Solved?

Long anticipated changes to the Federal Rules of Civil Procedure were approved by the United States Supreme Court on April 29, 2015. Absent congressional action, which is not expected, these new rules will take effect...more

Sanctions Motion Is Granted In Part For Counsel’s Mistatements

Stark, C. J. Plaintiffs’ motion for sanctions for discovery misconduct, spoliation, and violation of the court’s September 18 order is granted in part and denied in part. Oral argument took place on July 22, 2014. ...more

The E-Discovery Digest - June 2015

In This Issue: - - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure - Spoliation and Preservation Decisions: ..Sanctions...more

Appellate Court Rejects Reliance on Document Retention Policy; Justifies Harsh Sanctions (Washington)

Crews v. Avco Corp., 2015 WL 1541179 (Wash. Ct. App. Apr. 6, 2015). In this wrongful death action, the plaintiffs sought discovery concerning the design and manufacture of a carburetor that was believed to be the cause...more

ITC Affirms Joint and Several Liability of Counsel for Payment of Monetary Sanctions Based on Client's Spoliation of Evidence

On April 30, 2015, the International Trade Commission issued the public version of its opinion reviewing ALJ Thomas B. Pender’s Initial Determination in Investigation No. 337-TA-883, finding the Respondents in default due to...more

New York court orders worldwide discovery from Spanish bank

In a recent decision that is now on appeal, a New York federal judge ordered a Spanish bank that maintained a New York branch to make inquiry of “all branches, within and without New York State,” for account information that...more

Recent Developments in Court Decisions on E-discovery Issues

The duty to preserve and collect data that may be discoverable once litigation is reasonably anticipated is well established. The following are highlights from recent Court decisions affecting the eDiscovery process. Although...more

Court-Ordered Seizure of Defendants’ Records in Separate Case Enough to Avoid Sanctions (New York)

Perez v. Metro Dairy Corp., 2015 WL 1535296 (E.D.N.Y. Apr. 6, 2014). In this class action, the plaintiffs sought sanctions for the defendants’ failure to produce certain relevant employment documents and records. The...more

Ediscovery Costs Affirmed in Termination Dispute (6th Circuit)

Colosi v. Jones Lang LaSalle Americas, Inc., 2015 WL 1186765 (6th Cir. Mar. 17, 2015). In this wrongful termination case, the plaintiff sought to challenge the bill of costs previously awarded to the defendant. The...more

ESI Case Law Update 2015

In this Issue: - Introduction - Preservation - Proposed Amendments to Rule 37 - Search Methodology/Technology-Assisted Review - Proportionality - Cost-shifting - Form...more

Don’t Sleep on Rule 37 Motions

What do you get when opposing counsel repeatedly cancels depositions only days before they are scheduled, allegedly fails to abide by confidentiality agreements and court orders, and repeatedly files supposedly baseless...more

E-Discovery Update: Proposed Rule Changes Reflect Trend Toward “Reasonableness” in Preservation

The Judicial Conference Committee recently approved changes to Federal Rule of Civil Procedure 37(e) addressing preservation and sanctions and setting forth clearer and more reasonable preservation standards than those...more

Ediscovery Costs Taxable Only as Copying Costs (Illinois)

Bagwe v. Sedgwick Claims Mgmt. Servs., Inc., 2015 WL 351244 (N.D. Ill. Jan. 27, 2015). In this employment discrimination case, the court granted the defendants’ motion for summary judgment. The defendants then filed...more

Diligence and Defensible Deletion Prevent Sanctions (Virgin Islands)

United Corporation v. Tutu Park Ltd., Inc., 2015 WL 457853 (V.I. Super. Jan. 28, 2015). In this breach of contract case, the plaintiff asked the court to impose sanctions on Kmart, a non-party to the suit, and to hold...more

ESI Recovery and Restoration Costs Recoverable Under Rule 54 (Colorado)

Comprehensive Addiction Treatment Ctr. v. Leslea, 2015 WL 638198 (D. Co. Feb. 13, 2015). In this private civil rights enforcement case, the court dismissed the case, ruling that the defendants had qualified immunity. The...more

Deceptive and Evasive Plaintiffs Hit With Sanctions (DC Circuit)

Parsi v. Daioleslam, 2015 WL 525146 (D.C. Cir. Feb. 10, 2015). In this appeal from a defamation case, the plaintiff sought the reversal of sanctions imposed by the district court. At trial, the plaintiff sought damages...more

Protecting the Identity of Your LLC Members & LP Partners in Litigation, Part II: Strategies for Discovery

You want to protect the identity of your business’ owners, but your opponent issued discovery requesting a copy of your organizational chart and/or information on the identities of your LLC members or LP partners. You are...more

Pure Speculation is Not Enough for Sanctions (Florida)

Advantor Systems Corp. v. DRS Technical Services, Inc., 2015 WL 403308 (M.D. Fl. Jan. 28, 2015). In this non-disclosure case, the plaintiff sought sanctions after the defendant reformatted an employee laptop, allegedly...more

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