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Adverse Inference Instructions Evidence

Array

This Week in eDiscovery: Judges Share Most Impactful Cases and eDiscovery Hiring Heats Up

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of February 26 to March 3. Here’s...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for February 2023 - February 14th, 1:00 pm - 2:15 pm ET

February 14th is for lovers – of unique and interesting eDiscovery case law disputes! Our February 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including declaration of a...more

BCLP

The perils of preservation

BCLP on

The recent decision In re Keurig Antitrust Litigation, 2022 WL 1082087 (S.D.N.Y. Apr. 11, 2022), offers timely examples of how extensive, well-intentioned preservation efforts can go awry – leading to costly motion practice...more

Farrell Fritz, P.C.

“You Can’t Heal What You Never Reveal”: Plaintiffs Are Entitled To Sanctions And Adverse Inference At Trial Because Jay-Z And S....

Farrell Fritz, P.C. on

The duty to preserve potentially relevant evidence – documentary or electronic – arises when a lawsuit is reasonably anticipated. Although this is a subjective standard, Parlux Fragrances, LLC et al v. S. Carter...more

Epiq

How Ephemeral Messaging Can Affect eDiscovery Compliance

Epiq on

Litigators and corporate clients must stay up to date with new technologies and be aware the legal implications that are implicit with new technologies. Lawyers also have an ethical obligation to understand the benefits and...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - June 2018

The 10th edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Fox Rothschild LLP

Spolier Alert Part II: Federal Courts

Fox Rothschild LLP on

I previously blogged on the spoliation of evidence in Florida courts. In federal cases, federal law governs the imposition of sanctions for spoliation of evidence. Federal courts may consider state law in deciding whether...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - February 2016

This is the third edition of The E-Discovery Digest, a periodic publication on notable decisions relating to key discovery topics. It is designed to keep clients up to date on the evolving state of the law regarding discovery...more

McGuireWoods LLP

Can Plaintiffs Seek an Adverse Inference from Defendant Corporations' Privilege Assertions?

McGuireWoods LLP on

The attorney-client privilege benefits society by encouraging clients' frank disclosure to their lawyers, but it undeniably conceals highly relevant communications. Surprisingly, only a few courts have addressed plaintiffs'...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - October 2015

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

Constangy, Brooks, Smith & Prophete, LLP

Jan. 26 at the Faruqi sex harassment trial: NSFW!

PARENTAL ADVISORY: This is testimony in a sexual harassment case, so it’s necessarily NSFW (Not Suitable For Work. Unless you’re an employment lawyer or HR professional, in which case it’s AIADW (All In A Day’s Work).)...more

Saul Ewing Arnstein & Lehr LLP

Sanctions ordered against business for unintentional failure to protect evidence in anticipation of litigation

Following a broadening trend, the U.S. District Court for the Southern District of California recently held that a party is subject to sanctions – including an adverse inference instruction at trial – for negligently failing...more

Polsinelli

The Dog Ate My Evidence: Document Destruction Policies And The Duty To Preserve

Polsinelli on

In This Issue: - The Duty to Preserve ..What triggers the duty to preserve? ..Who has a duty to preserve? ..What is the scope of the duty to preserve? - Litigation Hold Notices - Potential...more

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