Kroll Ontrack Inc.

#LTNY16: That’s a Wrap!

Whew! After three electrifying (and tiring) days, Legal Tech New York 2016 is in the books! For those of you that experienced the show first-hand, we don’t have to tell you that this year’s conference was another incredible…more
| Business Organizations, Civil Procedure, Electronic Discovery, Science, Computers, & Technology

Court Issues Sanctions for Manipulation of Email Evidence, Addresses New FRCP 37(e) (New York)

CAT3 v. Black Lineage, 2016 WL 154116 (S.D.N.Y. Jan. 12, 2016) - In this trademark infringement case, the plaintiff asserted rights to a domain name to sell its clothing products, in addition to an online website and…more
| Civil Procedure, Communications & Media Law, Electronic Discovery, Intellectual Property

Court Denies Motion to Compel Under Newly Amended FRCP 26(b)(1) (California)

Gilead Sciences v. Merck, 2016 WL 146574 (N.D. Cal. Jan. 13, 2016) - In this patent infringement case, the defendant sought additional discovery on the contents of certain “tubes of compounds” that the plaintiff’s expert…more
| Civil Procedure, Electronic Discovery, Intellectual Property, Science, Computers, & Technology

Court Applies New FRCP 26, Awards Production of Documents (Texas)

Carr v. State Farm Mut. Auto. Ins. Co., 2015 WL 8010920 (N.D. Tex. Dec. 7, 2015) - In this auto accident case, the defendant sought to compel production regarding documents reflecting payments that the plaintiff received…more
| Civil Procedure, Electronic Discovery

Plaintiff Lacks Control of Employees’ Personal Accounts, Motion to Compel Denied (California)

Matthew Enter. v. Chrysler Grp., 2015 WL 8482256 (N.D. Cal. Dec. 10, 2015) - In this case, the defendant moved to compel additional ESI, including emails from employees’ corporate Gmail accounts and financial documents…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Electronic Discovery, Labor & Employment Law

Government Can Fail to Preserve Too, Court Awards Sanctions (New Jersey)

United States v. Vaughn, 2015 WL 6948577 (D. N.J. Nov. 10, 2015) - In this criminal case, a pro se defendant sought to dismiss the indictment and other sanctions for the government’s failure to preserve text messages…more
| Civil Procedure, Communications & Media Law, Criminal Law, Electronic Discovery

Guest Blog: Turning on the Lights in a Dark (Data) Room

Turning on the Lights in a Dark (Data) Room At breakneck speed, businesses and individuals are amassing huge volumes of disparate and obsolete data—data that has long gone “dark” within an organization. Dark data is…more
| Electronic Discovery, Science, Computers, & Technology

[Webinar] 2015 Year in Review – Ediscovery Case Law & Trends - January 20, 12:00pm CST

Join industry experts from Kroll Ontrack for this webinar to make sure you start the New Year off to a fresh, and educated, start when it comes to ediscovery and technology in the law…more
| Civil Procedure, Electronic Discovery, Science, Computers, & Technology

The Updated Pulse Benchmarks Have Arrived

Don’t miss a beat; the updated Pulse Benchmarks have arrived! Kroll Ontrack’s ediscovery.com Pulse keeps track of changes in the ediscovery market. The Pulse Benchmarks provide real-time data that can help practitioners identify…more
| Civil Procedure, Electronic Discovery

Court Rejects Plaintiff’s Requested Production Format in Favor of Format Containing Metadata (New York)

Feist v. Paxfire, Inc., 2015 WL 6456710 (S.D.N.Y. Oct. 26, 2015) - In this discovery dispute, the plaintiff claimed that the defendant ignored the plaintiff’s production requests, resulting in duplicative and burdensome…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Appellate Court Affirms Sanctions in Light of “Delay Tactics” and Spoliation (Massachusetts)

Long Bay Management Co. v. Haese, 2015 WL 7213811 (Mass. App. Ct. Nov. 17, 2015) - In this overbilling dispute, the defendants appealed a judgment pursuant to an order of default sanctions and an order assessing damages,…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Court Finds Sanctions Inappropriate Following Plaintiff’s Failure to Establish Prejudice (Georgia)

West v. Talton, 2015 WL 6675565 (M.D. Ga. Nov. 2, 2015) - In this case, the court granted the defendants’ motion to exclude plaintiff’s use of any argument or evidence of alleged spoliation. The plaintiff discovered that…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Court Utilizes “Best Judgment” in Light of Limited Information (California)

Oracle v. Google, 2015 WL 7775243 (N.D. Ca. Dec. 3, 2015) - In this case, the plaintiff moved to compel production of documents from the defendant’s privilege log and to add additional custodians for collection and…more
| Civil Procedure, Electronic Discovery

Court Excludes Expert Testimony Weakened by Plaintiff’s Own Spoliation (Pennsylvania)

Bruno v. Bozzuto’s, 2015 WL 7294464 (M.D. Pa. Nov. 19, 2015) - In this breach of contract case, the plaintiffs sued the defendant for allegedly breaching their supply agreement. In response to the defendant’s production…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Electronic Discovery

Year in Review: Top Ediscovery Cases of 2015

As another year wraps up, we look forward to the holidays and the promise of a new year. There is no better time to remember the highlights of ediscovery case law in 2015. Duty to preserve, emphasis on proportionality and…more
| Civil Procedure, Electronic Discovery
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