What ethical obligations does a Florida attorney have when advising a client to remove material from social media sites before litigation? Until recently, it was an open question; however, on Jan. 23, 2015, The Florida Bar’s...more
2014 demonstrated that management and discovery of electronic information continues to be a challenging issue in litigation. A review of 2014 court decisions also underscores the importance of litigation hold notices,...more
A federal district court recently sanctioned Walmart for "spoliation of evidence" in an employment litigation case. Although Walmart has asked the Court to reconsider its decision or allow it to appeal the decision to the...more
As soon as a party is served with a summons and complaint and sometimes sooner, there arises a duty to preserve evidence, including electronically stored information (ESI). This duty requires both counsel and clients to...more
The Fifth Circuit affirms the DOL Administrative Review Board’s decision that employer disclosure of a whistleblower’s identity in a document retention notice constitutes an adverse action....more
On November 12, 2014, in Halliburton, Inc. v. Admin. Review Bd., 5th Cir. No. 13-cv-60323, the Fifth Circuit affirmed an ARB’s decision that disclosing the identity of a whistleblower may constitute an “adverse action” under...more
On November 12, 2014, the Fifth Circuit affirmed a Department of Labor finding that Halliburton retaliated against a whistleblower by including his name in a document preservation notice. The court also held that emotional...more
Vicente v. City of Prescott, 2014 WL 3894131 (D. Ariz. Aug. 8, 2014.
In this employment dispute case, the plaintiffs sought a summary judgment motion and motion for sanctions due to the defendants’ “failure to preserve...more
As we mentioned in our previous posts regarding document preservation, establishing a written document retention and destruction policy is essential to any company, large or small. As with the Pradaxa case out of the Southern...more
Small v. University Medical Center of Southern Nevada arises out of an employment law dispute. The court appointed a special master who found that the defendant medical center failed to preserve a considerable body of...more
Small v. Univ. Med. Ctr. of S. Nev., No. 2:13-cv-00298-APG-PAL, 2014 U.S. Dist. LEXIS 114406 (D. Nev. Aug. 18, 2014).
In this employment law dispute, the court appointed a special master to resolve discovery issues....more
Text messages, once the exclusive domain of teenagers and college students, are increasingly used in business communications. These communications are, unsurprisingly, also discoverable in a wide variety of litigation...more
Earlier this year, in the widely followed In re: Actos (Pioglitazone) Products Liability Litigation matter, a Louisiana federal jury ordered a drug manufacturer to pay $6 billion in punitive damages and $1.5 million in actual...more
As we discussed in our previous post regarding the Christou case, social media is discoverable – and consequently subject to a litigation hold. From an evidentiary standpoint, social media is not without its shortcomings, and...more
Earlier this year, Kazuaki Fujitani, the general manager of a Japanese company’s sales division, pled guilty to obstruction of justice for destroying numerous e-mails and other documents in a federal investigation by the...more
If your company is like many organizations, once a legal hold is set in motion, it becomes yesterday’s news…and is promptly forgotten about in favor of more pressing matters. After all, at its essence, a litigation hold is...more
The United States Patent and Trademark Office (USPTO) recently issued its second decision in a new inter partes review proceeding. In the decision, the USPTO Patent Trial and Appeal Board invalidated all of the claims of the...more
So, have you implemented a Bring Your Own Device policy yet? If not (and your employees are using their personal devices for business purposes), your organization may be at risk....more
Zest IP Holdings, LLC v. Implant Direct Mfg., LLC, 2013 WL 6159177 (S.D. Cal. Nov. 25, 2013).
In this patent and trademark infringement case, the plaintiffs sought sanctions for the defendants’ alleged spoliation and...more
As we discussed in our previous spoliation post, parties are required to place a litigation hold on all documents once litigation could be reasonably anticipated. Although there are certain definite “trigger events”, such as...more
Insurance and financial institutions understand the importance of data preservation, but from time to time – usually in the throes of complex litigation – the specific requirements of federal and state data preservation laws...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
While the largest media companies have entire legal departments devoted to defending litigation, smaller companies may have only one in-house counsel, usually someone more familiar with business transactions than defending...more
•GHOST/MIRROR: Complete bit by bit copy of a drive. (Not just copying data; actually reproducing the hard drive.)
•LEGACY: Information from older systems no longer actively supported and not easily...more
Litigants in all industries, including construction, have to deal with electronic documents. Collecting, processing, reviewing and producing these documents involves substantial expenditures of time, manpower and money, often...more
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