Sitting with the C-Suite: In-House Counsel - Leveraging Text Classification to Problem Solve
FCPA Compliance and Ethics Report-Episode 31-the FCPA Year in Review, Corporate Enforcement Actions
What Not To Do If You Are Involved in a Federal Criminal Investigation
On August 5, 2024, District Judge Amit P. Mehta (U.S. District Court, District of Columbia) ruled in United States v. Google LLC that Google violated §2 of the Sherman Act by monopolizing the internet search engine market....more
Implementing and enforcing appropriate legal holds is essential to preventing the destruction of data related to current or anticipated litigation and avoiding inadvertent spoliation claims. Depending on the nature of the...more
[Editor’s Note: This article was first published April 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more
Recently, in United States ex rel. Hart v. McKesson Corp., the Second Circuit clarified the standard for acting “willfully” under the federal anti-kickback statute (AKS). False Claims Act relator Adam Hart alleged that...more
Gener8 LLC v. Castanon, 2022-0246-LWW (Del. Ch. Sept. 29, 2023) - This dispute concerned a non-compete agreement that the plaintiffs alleged the defendant breached by establishing a competing business. The defendant denied...more
[Editor’s Note: This article was first published December 21, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more
It’s time to be thankful – for eDiscovery case law! Our November 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses permissive inference sanctions for destruction of video, sanctions for failing to...more
The Fifth Circuit’s recent decision in Van Winkle v. Rogers, No. 22-30638, 2023 WL 5994138 (5th Cir. Sept. 15, 2023), underscores the critical importance of preserving evidence while also reinforcing Federal Rule of Evidence...more
A recent order from a federal magistrate judge provides helpful insight to parties concerning the destruction of evidence and the proof required to obtain the ultimate sanction of dismissal of a case as a result of such...more
In Safeco Insurance Company of Indiana as Subrogee of Ramona Smith v. Blue Sky Innovation Group, Inc., et al, No. 22A-CT-1924, 2023 Ind. App. LEXIS 157, the Court of Appeals of Indiana (Appellate Court) reversed a trial court...more
In our adversarial justice system, litigants rely on evidence to explain their side of a dispute. Today, much of that evidence is digital. If an organization allows digital evidence to be compromised, lost, or destroyed, it...more
A recent case out of Washington serves as a good reminder to preserve evidence that may be relevant to pending or future litigation. That includes not only evidence in the form of documents and electronic information, but...more
Few terms make litigators shudder like the dreaded spoliation; and for good reason. The consequences of a company’s failure to preserve evidence that might be relevant in prospective litigation can be severe. What many...more
In a significant action, the Justice Department brought criminal charges against the notorious Russian Oligarch, Oleg Deripaska, for sanctions evasion and obstruction of justice. DOJ also charged three associates, Natalya...more
A review of recent case law by EDRM Guardian Partner Exterro’s E-Discovery Case Law Project - Five or so years ago, legal professionals were hearing about “the end of sanctions.” Changes in the Federal Rules of Civil...more
This isn’t the 1990s: Email isn’t a new technology. By now, we all know that our work emails aren’t private, and most of us exercise some discretion in deciding what to “put in writing” in our business communications. We’ve...more
At the end of a complicated case, an employer obtained a nearly $7.5 million jury verdict in enforcement of restrictive covenant agreements and as a result of the unfair competition and breaches of the duty of loyalty of a...more
In DR Distributors LLC v. 21 Century Smoking, Inc, v. CB Distributors, Inc. and Carlos Bengos, 2021 WL 185082, No. 12 CV 50324 (1/19/2021), Judge Johnston of the Northern District of Illinois, granted Plaintiff’s motion for...more
Every day we are reminded that we live in a digital world by looking down at our smartphones and logging onto our computers. Though the legal field is generally slow to jump on the bandwagon of new technology, the use of...more
French Concrete Contractor to Pay $3.9 Million FCA Penalty - On February 17, 2021, the Department of Justice (DOJ) announced that a French company, COLAS Djibouti SARL, agreed to pay $3.9 million to resolve allegations...more
In Washington: The Food and Drug Administration’s (FDA) vaccine advisory panel voted to recommend that the FDA authorize the Pfizer-BioNTech vaccine for emergency use. A Centers for Disease Control and Prevention (CDC)...more
In Luzuriaga v. FDR Servs. Corp., 2020 NY Slip Op 07185 (2d. Dep’t 2020), the Appellate Division, Second Department of the New York State Supreme Court recently affirmed a lower decision to grant a defendant’s request for an...more
A potential pitfall in navigating a litigated, or potentially litigated claim, is not properly preserving evidence. Attorneys and parties must preserve potentially relevant evidence when they know or should know, that a claim...more
In 2003 Judge Shira Scheindlin wrote “once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a 'litigation hold' to ensure the preservation of...more
A Legal Hold, also known as litigation hold, document hold, hold order, or preservation order, has more commonly been a US term but organisations in the UK and Europe also need to ensure their data preservation practices are...more