News & Analysis as of

Reed Smith Lawyers Support Proposed Federal Rules Reforms

A number of Reed Smith attorneys have been active in supporting the proposed amendments to the Federal Rules of Civil Procedure, particularly those aimed at narrowing the discovery process through consideration of...more

Nevada Judge Sanctions State AG In Robosigning Suit

On January 30, Nevada’s Clark County District Court ordered the State AG to pay attorneys’ fees in connection with a mortgage servicing vendor’s attempts to obtain discovery in the state’s case alleging the company...more

Ediscovery Year(s) in Review: The Bigger Picture from 2008—2013

While there is significant value in knowing the latest trends in ediscovery case law, I’m reminded of one of my favorite law school professors who always stressed that I try to see the forest for the trees. In other words,...more

2013 Case Law: “Back to Basics” Approach Gave Us Something to Chew On

2013 for ediscovery “was a very good year.” The courts’ unified message was simple (showing a renewed interest proportionality and cooperation), clear (attorneys in 2013 must know ediscovery), and even a bit provocative (see...more

Proposed Amendments to the Federal Rules Provide Some Relief from the Fear of Sanctions in ESI, But Preservation Best Practices...

Many potential litigants have been aggressive in their preservation of electronically stored information (ESI) to diminish the risk of spoliation sanctions – a risk driven by courts that have imposed sanctions with little or...more

You Can't Appeal That! Or Can You?

You may remember the case of Out of the Box Developers, LLC v. Logicbit Corp. It has spawned a couple of interesting discovery decisions. One was on subpoenas to third parties, another involved nearly $40,000 in sanctions for...more

Top EDiscovery Case Summaries - October 2013: Kansas: Court Refuses to Presume Prejudice Suffered by Deletion of ESI, Denies...

Herrmann v. Rain Link, Inc., 2013 WL 4028759 (D. Kan. Aug. 7, 2013). In this litigation brought under the Americans with Disabilities Act and related Kansas state law, the plaintiff sought sanctions for the defendants’...more

Top EDiscovery Case Summaries - October 2013: California: Court Orders Sanctions, Threatens Order to Retain an Ediscovery Vendor...

Logtale Ltd.v. IKOR, Inc., 2013 WL 3967750 (N.D. Cal. July 31, 2013). In this misrepresentation case, the plaintiffs sought to compel the defendants to comply with a prior court order and compel production from a defendant...more

Top 5 Ediscovery Case Summaries – September 2013: Virginia - Divorcee Gets Sanctioned for Using Vindictive Discovery Tactics...

Christ v. Flinthill Space Comm. Trust, 2013 WL 3771178 (Va. June 17, 2013). In this divorce case, the plaintiff and her counsel were fined $880,748.26 for using abusive, “vindictive” discovery tactics. ...more

Proposed Amendments to Federal Rules of Civil Procedure Include Limitations on Discovery and Spoliation Sanctions, Published for...

The costs that parties incur in the broils of litigation have been on the front burner in recent years, with the temperature rising. In 2010, the Judicial Conference Advisory Committee on Civil Rules sponsored a Conference on...more

What Is The Difference Between An Adverse Sanction And An Adverse Instruction?

In the world of discovery, including e-discovery, the production of evidence at trial is necessary to prove or defend a case....more

Bridging the Gap in Ediscovery Best Practices

The Ediscovery Best Practice Gap - Kroll Ontrack’s 2012 Year in Review suggested that the total number of cases addressing sanctions decreased while courts spent more time scrutinizing search protocols. ...more

The Role Of Rule 26(g) In E-Discovery

An attorney’s signature on discovery responses certifies that the attorney “made a reasonable effort to assure that the client had provided all the information and documents available to him that are responsive to the...more

Broker-Dealer Email Systems Must Keep Pace with Firm Growth, FINRA Says

A recent FINRA disciplinary action sends a strong message to broker-dealers that the development of their compliance systems — particularly with respect to email review and retention — must keep pace with the growth of their...more

Business Court Sanctions Parties For Disobeying Discovery Order

When you think of sanctions, your mind probably goes to Rule 11 of the Rules of Civil Procedure. But what about Rule 37(b)(2)? It says that...more

First Department Upholds Commercial Division Decision Striking Parties' Answer And Entering Default Judgment As A Sanction For...

In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep’t April 4, 2013), the Appellate Division, First Department affirmed an Order by the Supreme Court, New York County Commercial Division (Bernard J. Fried,...more

Spoliation of Social Media Evidence: New Jersey Court Cracks Down

A March 23, 2013 decision from the U.S. District Court for the District of New Jersey serves as a cautionary tale for litigants. As a result of some arguably poor decisions by the plaintiff and likely miscommunication between...more

Electronic Discovery: Avoiding Disaster: 2013 Zubulake Updates

It is always a good idea to Shepardize or Keycite important cases, especially when the case involves the ever evolving area of e-discovery. We find ourselves always checking the cases in our CLE entitled “Electronic...more

Court Rules Against Imposing Sanction Of Dismissal Because Plaintiff’s Conduct Did Not Rise To The Level Of A Willful Violation

A United States District Court in the Eastern District of Missouri recently denied a Defendant’s motion seeking to impose a sanction of dismissal against the Plaintiff because the Plaintiff’s conduct did not “rise to the...more

Bessenyei v. Vermillion, Inc., C.A. No. 7572-VCN (Del. Ch. Nov. 16, 2012) (Noble, V.C.)

In this memorandum opinion, the Court of Chancery dismissed with prejudice a breach of fiduciary duty action after Plaintiffs submitted invalid verifications accompanying pleadings and interrogatory responses. The Court...more

Sanctioning Spoliation of Evidence

Today’s Take: Sanctions for the Automatic Deletion of Evidence by Computers In my recent blog post entitled Preserving Evidence Through Demand Letters, we discussed how a demand letter can trigger the duty to preserve...more

Second Circuit Holds That Failure To Issue A “Litigation Hold” Will Not Result In Per Se Sanctions And Clarifies Title VII...

Chin v. Port Authority of New York & New Jersey, No. 10-cv-1904 (2d Cir. July 10, 2012): The Second Circuit Court of Appeals rejected case law holding that the failure to institute a “litigation hold” will per se result in...more

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