[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
Digital Vending Servs. Int’l, Inc. v. Univ. of Phoenix, Inc., 2013 WL 5533233 (E.D. Va. Oct. 3, 2013).
In this intellectual property case, the defendants filed a motion for sanctions due to the plaintiff’s alleged...more
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
Who should bear the burden of showing prejudice (or a lack thereof) as a result of spoliation? The innocent party or the spoliating party? This vexing catch-22, which requires proof of what isn’t there, has not only lead to...more
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
P.R. Tel. Co. v. San Juan Cable LLC, 2013 WL 5533711 (D.P.R. Oct. 7, 2013).
In this antitrust case, the plaintiff sought an adverse inference instruction against the defendants, who allegedly failed to preserve...more
The Rules Advisory Committee has recommended proposed amendments to the Federal Rules of Civil Procedure that would set guidelines for courts to follow when evaluating a request for sanctions for spoliation of discovery...more
In re Pradaxa (Dabigatran Etexilate) Prods. Liab. Litig., 2013 WL 5377164 (S.D. Ill. Sept. 25, 2013).
In this multidistrict product liability litigation, the Plaintiffs’ Steering Committee (PSC) sought to compel...more
Taylor v. City of New York, 2013 WL 4744806 (S.D.N.Y. Sept. 4, 2013). In this criminal law case, the plaintiff moved for sanctions for spoliation of video footage of a fight between prison inmates. ...more
Clay v. Consol Pennsylvania Coal Co. LLC, 2013 WL 4854746 (N.D.W. Va. Sept. 11, 2013). In this racial discrimination case, the plaintiff moved for spoliation sanctions after the defendants failed to provide plaintiff with...more
We like our litigation to be decided on the merits. Sanctions motions based on unsupported claims of spoliation create expensive sideshows that distract from the merits. And sometimes – although perhaps not frequently enough...more
Imagine an app that lets you send 10-second picture messages… and then the pictures get deleted forever. Welcome to SnapChat, the app allegedly used by Wall Street moguls for insider trading and a platform for new fashion...more
Sekisui Am. Corp. v. Hart, 2013 WL 4116322 (S.D.N.Y. Aug. 15, 2013). In this case, Judge Shira Scheindlin reversed an earlier order that denied spoliation sanctions for the plaintiffs’ deletion of ESI. The underlying breach...more
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
Part II: The Implications
What level of culpability should trigger sanctions? Negligence? Gross negligence? Bad faith? What arises to the level of prejudicing the non-producing party’s case? This case brings to light...more
Judge Shira Scheindlin’s latest opinion, Sekisui v. Hart, marks a major development for the latest footprint in spoliation case law and is sure raise eyebrows among federal rule makers tasked with reworking Federal Rule 37....more
Barrette Outdoor Living, Inc. v. Michigan Resin Representatives, 2013 WL 3983230 (E.D. Mich., Aug 1, 2013)
In this employment law case, the defendants were sanctioned $35,000 for the spoliation of over 270,000 files. The...more
Sekisui Am. Corp. v. Hart, 2013 WL 2951924 (S.D.N.Y. June 10, 2013).
In this employment law case, the court declined to impose any sanctions for the plaintiff’s negligent and perhaps intentional deletion of the email...more
Hart v. Dillon Cos., 2013 WL 3442555 (D. Colo. July 9, 2013).
In this wrongful termination case, United States Magistrate Judge David West held that the defendant acted in bad faith when it failed to preserve a relevant...more
PTSI, Inc. v. Haley, 2013 WL 2285109 (Pa. Super. Ct. May 24, 2013).
In this employment law case, the plaintiff appealed a trial court’s denial of motion for sanctions against the defendants who allegedly erased...more
On May 8, 2013, the Civil Rules Advocacy Committee (“Committee”) proposed several changes to the Federal Rules of Civil Procedure....more
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
Cottle-Banks v. Cox Commc’ns, Inc., 2013 WL 2244333 (S.D. Cal. May 21, 2013).
In this spoliation case, the plaintiff alleged that the defendant charged a rental fee to customers for use of “set-top-boxes”, even though...more
Efforts to amend the Federal Rules of Civil Procedure took another step forward last week. On June 3, 2013, the Standing Committee on Rules of Practice and Procedure (“the Standing Committee”) approved a package of proposals...more
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
SK Hynix Inc. v. Rambus, Inc., 2013 WL 1915865 (N.D. Cal. May 8, 2013).
In this complex set of patent-infringement cases, the plaintiffs sought spoliation sanctions against the defendant—who prevailed in the underlying...more