Kroll Ontrack Inc.

Ignorance Not Bliss When Destroying Digital Evidence (New York)

NFL Mgmt. Council v. NFL Players Ass’n., 2016 WL 1619883 (2d Cir. Apr. 25, 2016) - In this employment law case (commonly known as “deflategate”), the plaintiff moved for the upholding of an arbitration decision. One of the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Electronic Discovery

Electronic Data Too Difficult to Assemble? Too Bad. (Missouri)

Labrier v. State Farm Fire & Cas. Co., 2016 U.S. Dist. LEXIS 61246 (W.D. Mo. May 9, 2016) In this insurance law case, the defendant asked the court to vacate a Special Master’s discovery order. The plaintiff brought this…more
| Civil Procedure, Electronic Discovery

You Can’t Delete and You Can’t “Hide” (New York)

Thurmond v. Bowman, 2016 WL 1295957 (W.D.N.Y. Mar. 31, 2016) - In this Fair Housing Act case, the defendants motioned for sanctions against the plaintiff for deleting Facebook posts. The plaintiff argued that the posts were…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Court Holds High Bar for Imposing Sanctions under Rule 37(e) (Texas)

Orchestratehr, Inc. v. Trombetta, 2016 WL 1555784 (N.D. Tex. Apr. 18, 2016) - In this case regarding a non-compete agreement, plaintiffs motioned for sanctions against one of the defendants for deleting emails which they…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Litigants Need to Prove Existence of Missing Data for FRCP 37(e) Sanctions California

FiTeq Inc. v. Venture Corp., 2016 WL 1701794 (N.D. Cal. Apr. 28, 2016) - In this contract law case, the plaintiff moved for sanctions against the defendant for failing to produce emails related to the litigation. Namely,…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Survey says… New trends from corporate in-house counsel

Recently, Kroll and Kroll Ontrack surveyed over 170 corporate in-house counsel to share their perspectives on modern legal challenges facing organizations. We asked about some of the most pressing issues – from big data and…more
| Business Organizations, Law Practice Products & Services

Failure to Stop Automatic Deletion of Text Messages Does Not Merit Sanctions (Florida)

Living Color Enters., Inc. v. New Era Aquaculture, Ltd., 2016 WL 1105297 (S.D. Fla. Mar. 22, 2016) - In this case, the plaintiff motioned for sanctions against the defendant for the deletion of text messages. The defendant…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Court Denies Plaintiffs’ Motion to Compel the Production of Documents from Defendant’s Overseas Manufacturer (Connecticut)

Grayson v. Gen. Elec. Co., 2016 WL 1275027 (D. Conn. Apr. 1, 2016) - In this putative class action, the plaintiffs sought to compel the defendant to produce certain discovery from its overseas manufacturer and the…more
| Civil Procedure, Electronic Discovery

Court Compels Production of Database for Forensic Metadata Analysis (Utah)

Thorne Research v. Atlantic Pro-Nutrients, 2016 WL 1122863 (D. Utah Mar. 22, 2016) - In this patent infringement suit, the defendant filed a motion to compel, seeking a copy of a database that the plaintiffs’ inventor used…more
| Civil Procedure, Civil Remedies, Electronic Discovery, Intellectual Property

Case and Sanctions Dismissed in Light of New Evidence (New York)

CAT3, LLC v. Black Lineage, Inc., No. 14 Civ. 5511 (S.D.N.Y. Apr. 4, 2016) - In this trademark infringement case, the parties stipulated to dismissal, with prejudice, of all remaining claims in the case. Previously, the…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Claims of Lightning Strike and Power Surge Fail to Protect Against Sanctions (California)

InternMatch v. Nxtbigthing, 2016 WL 491483 (N.D. Cal. Feb. 8, 2016) - In this trademark infringement case, the plaintiff brought terminating sanctions against the defendants, accusing the defendants of intentionally…more
| Civil Procedure, Civil Remedies, Electronic Discovery

UK High Court Approves the Use of Predictive Coding in Litigation

Legal technology providers in the UK have a lot to celebrate as the English High Court recently approved the use of predictive coding for disclosure in litigation. The judgment, handed down by Master Matthews in Pyrrho…more
| Civil Procedure, Electronic Discovery, International Law & Trade, Science, Computers, & Technology

Never Second Guess a Second Request

Massive mergers are never a simple matter for organizations and their antitrust attorneys. The Second Request process can be a major burden for merging organizations since it requires that companies review, analyze and produce…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Electronic Discovery, Mergers & Acquisitions

[Webinar] Got Data? Analytics to the Rescue - April 19th, 12:00pm CDT

Within an enterprise, data is a dual-edged sword – it’s both the lifeblood powering critical business operations and the kryptonite preventing the business from flexing its muscle. When investigations, litigation or compliance…more
| Commercial Law & Contracts, Electronic Discovery, Privacy, Science, Computers, & Technology

Defendants’ Proposal to Redact Irrelevant Information Upheld under Newly Amended Rule 26 Florida

In re Takata Airbag Prods. Liab. Litig., MDL No. 2599 (S.D. Fla. Mar. 1, 2016) - In this products liability case, a Special Master approved the defendants’ proposal to withhold or redact irrelevant parent documents from…more
| Civil Procedure, Electronic Discovery, Intellectual Property
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