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
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
Companies that have existed for any period of time can be overwhelmed by the volume of documents they create. The amount of material and data have grown exponentially in the last few decades with the expansion of...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
Pillay v. Millard Refrigerated Serv., Inc., 2013 WL 2251727 (N.D. Ill. May 22, 2013).
In this Americans with Disabilities Act case, the plaintiff sought sanctions in the form of an adverse jury instruction for the...more
If you are involved in litigation, you have a duty to preserve all documents and data that could be relevant to the litigation. The duty to preserve evidence begins as soon as litigation is “reasonably anticipated.” That...more
In America, internal investigations into suspicions and allegations of employee misconduct follow an increasingly well-defined approach. But exporting US investigatory best practices raises unexpected...more
In This Issue:
- FCPA Due Diligence is Critical to Avoid Successor Liability in Cross-Border Transactions
- China’s Merger Control Rules...more
1. Can I infringe a patent if I am not aware of it?
Yes. Lack of knowledge of a patent or a lack of intent to infringe the patent is not a defense to an allegation of patent infringement. Patent infringement occurs when...more
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
Today’s Take: The Evidentiary Implications in Sending and Receiving Demand Letters
The first war cry of litigation is often the sending of a formal demand letter. Why? The most obvious reason is to put the recipient...more
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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