News & Analysis as of

Discovery Duty to Preserve

Locke Lord LLP

Spoliation: When the Duty to Preserve Data Outweighs the Obligation to Delete

Locke Lord LLP on

Implementing and enforcing appropriate legal holds is essential to preventing the destruction of data related to current or anticipated litigation and avoiding inadvertent spoliation claims. Depending on the nature of the...more

EDRM - Electronic Discovery Reference Model

Discovery About Discovery – When Was Duty to Preserve Triggered?

In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court “allowed [defendants] Hillrom to take limited discovery about when [plaintiff] Linet’s duty to preserve may have...more

Association of Certified E-Discovery...

How Apple’s Failure to Suspend its Retention Policy Resulted in Siri-ous Sanctions: A Cautionary Tale for Litigation Professionals

In a recent ruling in Lopez v. Apple, Inc., Apple faced significant sanctions for failing to suspend its automated data deletion policy for Siri recordings after the initiation of litigation. This case is a  reminder of the...more

Wolf, Greenfield & Sacks, P.C.

Sued: What In-house Counsel Without Litigation Experience Need to Know - Preparing Your Inside Team

3: Preparing Your Inside Team - Preservation, Privilege, Potential Pitfalls -This is the third in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent...more

Association of Certified E-Discovery...

New Case Law Effectively Requires Video Retention Policies and Programs

In the intricate world of legal proceedings, the duty to preserve evidence plays a pivotal role, particularly when it involves video evidence that can unequivocally substantiate claims or defenses. The recent decision in Nagy...more

Kilpatrick

When The Timing of Your Spoliation Motion Can Be As Important As Its Substance

Kilpatrick on

A motion for an adverse inference was denied in Pratt v. Robbins, et al., 2024 WL 234730, Case No. 5:20-cv-170-GCM (W.D. N.C. Jan. 22, 2024) where Defendants failed to preserve or produce a video that might have contained...more

Association of Certified E-Discovery...

Navigating the Complexities of FRE 502(d) and the Duty to Preserve in eDiscovery

In a recent exploration of the complexities surrounding the FRE 502(d) order and the intricacies of privilege in eDiscovery, we delve into the critical case of Lubrizol Corp. v. IBM Corp. This case shines a light on the...more

Association of Certified E-Discovery...

The Duty to Preserve Text Messages Strikes Again

If you’ve been following my Case of the Week series, you know we’ve seen a rising trend of courts issuing harsh sanctions, including dismissal, for failure to preserve text messages and other data from mobile devices. This...more

EDRM - Electronic Discovery Reference Model

Ninth Circuit – – Don’t Destroy Relevant Texts

Dismissal of plaintiff’s claims under Fed.R.Civ.P. 37(e)(2) was affirmed in Jones v. Riot Hosp. Grp. LLC, __ F. 4th__, 2024 WL 927669 (9th Cir. Mar. 5, 2024). The case is a textbook example of a plaintiff tanking her own case...more

EDRM - Electronic Discovery Reference Model

Failure to Show “Intent to Deprive” Leads to Denial of Rule 37(e)(2) Sanctions

A motion for spoliation sanctions under Fed.R.Civ.P. 37(e) was denied in Boshea v. Compass Marketing, Inc., 2024 WL 811468 (D. Md. Feb. 27, 2024). The motion was argued and decided during trial. The suit by a former...more

EDRM - Electronic Discovery Reference Model

February’s Notable Cases and Events in E-Discovery

This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: an order from the U.S. District Court for the Northern District of California requiring the Defendant to...more

EDRM - Electronic Discovery Reference Model

January’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published January 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

EDRM - Electronic Discovery Reference Model

December’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published December 21, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

EDRM - Electronic Discovery Reference Model

November’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published November 15, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

Association of Certified E-Discovery...

TechnoCat Tidbits: What Triggers Litigation Hold?

Today, we embark on a quest to unravel the triggers that ignite the legal hold process. It will be a wild ride as we navigate the realm of legal obligations and preservation. Or at least slightly more fascinating than one...more

Association of Certified E-Discovery...

Technocat Tidbits: What is a Legal Hold Notice?

Your friendly neighborhood Technocat is back to shed some light on the captivating topic of legal hold notices. (Riveting I know!) The legal hold process for Electronically Stored Information (ESI) is a crucial step in the...more

Association of Certified E-Discovery...

Technocat Tidbits: What is Litigation Hold?

Hey there, data detectives! It’s TechnoCat, Cat Casey, back with a critical concept that underpins the whole eDiscovery rollercoaster ride. I’m talking about the infamous ‘Legal Hold’. No, it’s not a wrestling move, but it...more

EDRM - Electronic Discovery Reference Model

Don’t Be Too Nice When You Send a Preservation Notice

I always advocate for civility and cooperation in e-discovery. But, it may be prudent to expressly threaten a lawsuit in a preservation notice.  It may also be cautious to avoid offering to settle a claim in that notice.  If...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for August 2023 - August 30th, 1:00 pm - 2:00 pm ET

It’s not a heat wave, it’s a wave of hot eDiscovery case law disputes! Our August 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a motion to compel a forensic examination...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for July 2023 - August 1st, 1:00 pm - 2:00 pm ET

Justice delayed isn’t justice denied for eDiscovery case law disputes! Our July 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including custody and control of a personal Google...more

EDRM - Electronic Discovery Reference Model

Duty to Preserve Triggered in Administrative Appeal of Employment Decision

In Jennings v. Frostburg State University, 2023 WL 4205665 (D. Md. June 27, 2033), defendants wiped two cell phones of departing employees after the duty to preserve was triggered.  The Court’s duty to preserve analysis –...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 126 | Ankura's Robert Bird, Terry Herlihy and Nicole Donaldson talk about off channel communications...

Illumination Zone: Robert Bird, Senior Managing Director, Terry Herlihy, Managing Director, Data & Technology and Nicole Donaldson, Managing Director for EDRM Trusted Partner, Ankura sit down with Kaylee and Mary to talk...more

Warner Norcross + Judd

Lessons Learned from Google Litigation: Don’t Forget to Save Your Chats

Since August 2020, Google has been defending itself against multiple antitrust lawsuits challenging Google’s Play Store practices as anticompetitive. Nearly two and a half years later, Google is now facing another legal...more

Hanzo

[Webinar] The Evolving State of Data Privacy In America: Implications for eDiscovery - June 28th, 1:00 pm EDT

Hanzo on

In 2018, the GDPR established comprehensive data privacy laws in Europe, setting the standard for the rest of the world. Since then, the data privacy landscape in the U.S. has changed considerably in response to increasing...more

Cozen O'Connor

Order’s Up: No Spoliation Sanctions for Cook’s Failure to Back-up Stolen iPhone – Case Law Update

Cozen O'Connor on

A recent decision declined to find the requisite “intent to deprive” that would merit sanctions under Rule 37(e) when a plaintiff was unable to produce text messages because his phone had been stolen and he had not taken...more

146 Results
 / 
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide