News & Analysis as of

Sanctions

Refusing to engage in ADR

by Dentons on

The courts have repeatedly held that a failure to engage in alternative dispute resolution (ADR), and in particular mediation, may constitute unreasonable conduct and therefore risks a costs sanction. A recent Court of Appeal...more

Bullet-Point Update: The Latest in Electronic and Federal Court Discovery Issues

by Carlton Fields on

Cloud Computing - Use this to convince your clients that their cloud storage will be discoverable: PC Connection, Inc. v. Mereos, 2017 WL 1078121 (D. Md. March 22, 2017)(Awarding emergency injunction requiring independent...more

Damming the Funding to North Korea: Anticipatory Seizure Warrants as a Tool to Enforce Sanctions and Thwart Money Laundering...

by Ballard Spahr LLP on

Two days after North Korea’s successful long-range ballistic missile test, the U.S. District Court for the District of Columbia unsealed a memorandum opinion which granted the Department of Justice “damming” warrants to seize...more

Failure to Prove ‘Intent to Deprive’ Web Browser History Robs Plaintiff of Sanctions

by Zapproved LLC on

Eshelman v. Puma Biotech., Inc., No. 7:16-CV-18-D, 2017 WL 2483800 (E.D.N.C. June 7, 2017). In this defamation case, the court denied a jury instruction for spoliation where the plaintiff failed to prove that the defendant...more

The U.S. Supreme Court Limits Sanctions to Compensation, Not Punishment

by Moore & Van Allen PLLC on

It is not every day the U.S. Supreme Court pays attention to matters that affect the practice of discovery, but that day came with Goodyear Tire and Rubber Co. v. Haeger, 581 U.S. ___, 137 S.Ct 1178 (April 18, 2017). Writing...more

Magistrate Advises Serious Sanctions Against Trading School Owner Greg Gramalegui for Bad Faith Discovery Violations

by Zapproved LLC on

Magistrate Advises Sanctions Against Gramalegui for Discovery Violations - U.S. Commodity Futures Trading Comm’n v. Gramalegui, No. 15-cv-02313-REB-GPG (D. Colo. June 14, 2017). For over two years, the defendant,...more

You Gotta Serve Somebody, But You Gotta Do So Correctly: Preserving Sanctions Motions

by Carlton Fields on

Emails can create many problems for litigants and their lawyers, but a recent appellate decision in Florida demonstrates yet another peril: proper service, and thus preservation, of demands for sanctions....more

Lessons in Civil Forfeiture and Attachment: U.S. May Seize 650 Fifth Avenue

by Ballard Spahr LLP on

On June 29, dual trial verdicts in the Southern District of New York paved the way for the government to seize 650 Fifth Avenue, a 36-story building in Manhattan valued at up to $1 billion (“the Property”). The defendants,...more

Court Declines to Impose Sanctions for Failure to Preserve Web History: eDiscovery Case Law

by CloudNine on

In Eshelman v. Puma Biotechnology, Inc., No. 7:16-CV-18-D (E.D.N.C. June 7, 2017), North Carolina Magistrate Judge Robert B. Jones, Jr., among other rulings, denied the plaintiff’s motion for an order permitting a jury...more

A District Court’s Discretion to Sanction Is Broad, “But For” a Causal Limitation

Recently, the U.S. Supreme Court clarified in Goodyear Tire & Rubber Co. v. Haeger that even a district court’s exercise of broad discretion to impose a civil sanction for a litigant’s bad faith conduct has to be limited by a...more

Surreptitious Cyber-Conduct Results In New York County Decision Striking Defendant’s Answer

by Farrell Fritz, P.C. on

In a decision dated May 26, 2017, Justice Chan of the Supreme Court of the State of New York, New York County, struck the defendant’s answer. Although the Court acknowledged that the imposition of this particular sanction...more

Spolier Alert Part II: Federal Courts

by Fox Rothschild LLP on

I previously blogged on the spoliation of evidence in Florida courts. In federal cases, federal law governs the imposition of sanctions for spoliation of evidence. Federal courts may consider state law in deciding whether...more

With Ample Evidence of Bad Faith, Court Sanctions Defendant for Failure to Produce Documents: eDiscovery Case Law

by CloudNine on

In CrossFit, Inc. v. Nat’l Strength and Conditioning Assn., No. 14cv1191 JLS (KSC) (S.D. Cal. May 26, 2017), California District Judge Janis L. Sammartino granted the plaintiff’s motion for several issue, evidentiary, and...more

The E-Discovery Digest - June 2017

The seventh edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

UK: Government announces International Sanctions Bill

by Hogan Lovells on

The UK government has set out plans in this week’s Queen’s Speech for a new International Sanctions Bill (the “Bill“) that aims to ensure that the UK will continue to meet its international sanctions policy obligations and...more

Our Cuba Sanctions Predictions: How Did We Do?

In our last post, we made a few cocky predictions about the new Trump Administration’s Cuba policy. We correctly asserted that the President would try to chart a narrow course between the Scylla of conservative Cuban-American...more

Obama to Trump: Before and After on Cuba

by Hogan Lovells on

On Friday, 16 June 2017, President Trump made his first major foray into U.S. - Cuban relations since assuming office. While it was a radical departure in tone from his predecessor, the changes he announced appear to leave...more

OFAC Enforcement Trends in the Health Care, Agriculture and Tech Industries

by Baker Donelson on

The United States Department of the Treasury's Office of Foreign Assets Control (OFAC), the U.S. governmental agency tasked with administering and enforcing economic sanctions against hostile targets in furtherance of U.S....more

ESI Discovery Best Practices, Part 8 – Joni Mitchell Lyrics from 40 Years Ago Foreshadow ESI Spoliation Battles of Today

by Butler Snow LLP on

While it is possible that with four decades of music, Joni Mitchell’s lyrics have been referenced in a court opinion before, I’d venture a guess that Ms. Mitchell has never made an appearance in an ESI case. That is, until...more

President Trump Announces Rollback on Obama-era Cuba Sanctions Easing

by Morgan Lewis on

Changes to unwind will not take effect until new regulations are issued. On June 16, US President Donald Trump announced his decision to revoke some—but not all—of the relaxations in Cuba sanctions initiated under former...more

President Trump Announces New Cuba Policy Restricting Travel and Business with Military-Owned Entities

by Reed Smith on

On 16 June 2017, speaking to a crowd in Miami, Florida, President Trump announced a presidential policy directive strengthening sanctions against Cuba. President Trump stated the imposition of these sanctions was necessary to...more

New Russia Sanctions Legislation

by King & Spalding on

The U.S. Senate passed this week a measure to codify, strengthen and expand sanctions against the Russian Federation in response to its activities in Ukraine, cyber-attacks, interference in the U.S. Presidential election, and...more

Trump Recasts U.S.-Cuba Policy

by Cozen O'Connor on

On Friday, June 16, President Trump announced policy changes towards Cuba while speaking in Miami. Trump’s new policy directive reverses many of the Obama administration’s policies with Cuba. ...more

Senate Votes In Favor Of Russia Sanctions

by Fox Rothschild LLP on

On Thursday, the Senate passed legislation to impose additional sanctions on Russia. The bill passed by an overwhelming majority, 98-2, with only Senator Rand Paul and Senator Bernie Sanders voting against it. ...more

Court Grants Motion for Terminating Sanctions Against Defendants for Intentional Spoliation: eDiscovery Case Law

by CloudNine on

In Omnigen Research et. al. v. Wang et. al., No. 16-00268 (D. Oregon, May 23, 2017), Oregon District Judge Michael J. McShane granted the plaintiffs’ Motion for Terminating Spoliation Sanctions and agreed to issue an Order of...more

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Cybersecurity

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