News & Analysis as of

Sanctions Record Preservation

BCLP

The perils of preservation

BCLP on

The recent decision In re Keurig Antitrust Litigation, 2022 WL 1082087 (S.D.N.Y. Apr. 11, 2022), offers timely examples of how extensive, well-intentioned preservation efforts can go awry – leading to costly motion practice...more

Association of Certified E-Discovery...

Sean O’Shea: Tips for Paralegals and Litigation Support Professionals – February 2019

Jury Can Decide Bad Faith Intent for Rule 37 Sanctions - In a slip and fall case, Carnival was found to have failed to take reasonable steps to preserve CCTV video. Judge Goodman noted the fact that its 30(b)(6)...more

Association of Certified E-Discovery...

Ethics and eDiscovery: Fundamentals and Practice Pointers

The four root causes of eDiscovery misconduct are: 1) a general lack of technical sophistication; 2) over-zealous advocacy; 3) neglecting client communication and other professional duties in the case; and 4) legal...more

Epiq

2018 eDiscovery Case Law Review, Part 2

Epiq on

Now is a great time to look back on 2018's most influential eDiscovery cases. Part two of this four-part series covers cases pertaining to preservation, spoliation, and sanctions....more

Jackson Lewis P.C.

Lack Of Prejudice Precludes Sanctions Following Automatic Deletion Of Emails

Jackson Lewis P.C. on

Magistrate Judge Iain D. Johnston recently held that sanctions were not warranted under Fed. R. Civ. P. 37(e) against a defendant who admitted to erroneously destroying electronically stored information (ESI). While the court...more

Orrick, Herrington & Sutcliffe LLP

Court Awards $3M Sanction and Adverse Inference for Spoliation in Antitrust Case

On July 6, 2016, Judge Leonard P. Stark, of the federal district court in Delaware, ordered a $3 million punitive monetary sanction, and an adverse inference jury instruction, against antitrust defendant Plantronics after...more

PilieroMazza PLLC

Proposed Changes to Federal Rules of Civil Procedure for ESI

PilieroMazza PLLC on

With the widespread use of electronic communication methods, discovery is often the most onerous, time-consuming and costly aspects of litigation. Case law has established that a party has a duty to preserve information when...more

Porter Hedges LLP

Business Litigation Alert: "What You Don't Keep Can Hurt You"

Porter Hedges LLP on

A recent Texas Supreme Court decision has important implications for the policies companies follow in Texas to avoid accusations that they have tampered with evidence or destroyed records improperly. The Supreme Court...more

Adler Pollock & Sheehan P.C.

Fast Five: Rhode Island Appellate Practice - February 2014

TRIAL COURTS MAY NOT CIRCUMVENT SUPREME COURT’S EXCLUSIVE JURISDICTION TO ENLARGE TIME FOR APPEAL. In an order this term, the Rhode Island Supreme Court held that the Family Court exceeded its authority when it vacated...more

Bradley Arant Boult Cummings LLP

BABC eDiscovery Newsletter - April 2013

In this issue: - The Firm’s Ediscovery Team Attorneys - Case Insights - Editor’s Corner - Excerpt from Peerless Industries, Inc. v. Crimson Av, LLC, Case No. 1:11-cv-1768, 2013 U.S. Dist. LEXIS...more

Morrison & Foerster LLP - Social Media

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

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