Key Discovery Points: Think About Who Has Control Over a Hyperlinked File
PODCAST: Williams Mullen's Benefits Companion - Government Investigative Demands
Editor’s Note:Technology can be both an enabler and a liability—especially when it falters during the discovery process. In Oakley v. MSG Networks and FTC v. Match Group, the courts evaluated whether reasonable reliance on...more
In its “Order Granting Motion to Compel Disclosure Regarding Preservation Efforts,” a court recently wrote: “For all of the foregoing reasons, plaintiffs motion to compel disclosures regarding Amazon’s preservation[] efforts...more
In Terra Mgmt. Grp., LLC v. Keaten, 572 P.3d 126 (CO 2025), the Supreme Court of Colorado (Supreme Court) considered whether the trial court properly imposed sanctions on the defendants for failing to preserve evidence before...more
According to the Transportation Injury Mapping System at the University of California, Berkeley, more than 165,000 traffic accidents took place across California in 2024. Each of these accidents changed the lives of the...more
In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today unpack Hubbard v. Crow, a case where a court tackled the tricky issue of possession, custody, and control over a hyperlinked...more
Careful lawyers always consider both evidentiary protections: attorney-client privilege, which is absolute but fragile; and work product doctrine protection, which should be preceded by a litigation hold and can sometimes be...more
Generative Artificial Intelligence (“AI”) tools like ChatGPT, Scribe, Jasper, and others have catapulted exponentially in popularity in recent years, for widespread personal and professional uses supplementing, if not largely...more
In an extraordinary moment at TransPerfect Legal's fifth annual Antitrust Clearance and Merger Enforcement Conference (ACME), the new Hart-Scott-Rodino (HSR) rules were released just as a scheduled eDiscovery panel was set to...more
The Federal Trade Commission's Bureau of Competition and the U.S. Department of Justice Antitrust Division earlier this year released a joint statement reiterating document preservation obligations for companies and...more
The Federal Trade Commission’s Bureau of Competition and the Department of Justice Antitrust Division released a joint statement reiterating document preservation obligations for companies and individuals that are the subject...more
On January 26, 2024, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (the “Division”) announced that both agencies are updating language in critical documents for civil and criminal...more
Safeguarding against evidence spoliation ahead of litigations, audits, or investigations is a lot easier when you have a timely, defensible legal hold process. In this conversation, take a look at how to achieve this by...more
This post provides tips from our eDiscovery experts on the identification and preservation of chat data during an investigation - Chat data will inevitably need to be collected for review if an investigation or dispute...more
“Insider threats” can come in various forms — fraud, embezzlement, theft of confidential information, failures to follow policy, and more. Employers regularly face threats to their businesses, but when the threat comes from...more
On September 15, 2022, the Department of Justice (DOJ) released a long-anticipated memo announcing changes to its corporate criminal enforcement policies (Memo). The Memo contains helpful guidance for employers, outlining...more
When faced with litigation, many companies will hire a lawyer and otherwise continue to operate as if everything else is normal. However, a recent Florida court decision has shown that certain steps are required to satisfy...more
On the latest episode of Williams Mullen's Benefits Companion, Brydon DeWitt is joined by colleague Chuck James, partner and co-chair of Williams Mullen’s White Collar Litigation Practice, who will discuss what you need to...more
In a recently developing story, on June 20, 2018, automaker and renewable energy giant Tesla filed suit against its now former employee Martin Tripp in the U.S. District Court for the District of Nevada. ...more
On Wednesday, October 25, 2017, the Arkansas Court of Appeals handed down an opinion affirming a severe sanction against a hospital in a medical malpractice case. The trial court had stricken the hospital’s answer, where...more
REAL PROPERTY UPDATE - Foreclosure/Vacating Judgment: estate failed to either allege or prove any basis under Rule 1.540 to vacate final judgment of foreclosure to which it had consented – The Bank of N.Y. Mellon v....more
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
When it comes to producing documents in employment litigation, the deck is usually stacked in favor of the employee. Except in those unusual circumstances when the employee is squirreling away documents in an effort to build...more
THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...more
Whenever e-discovery and healthcare litigation and investigations come up, you can almost always count on the topic to include a discussion of sanctions. That’s not an accident. There has been an uptick in both the volume of...more
The CFPB announced its first public enforcement action against a payday lender—a consent order alleging, among other things, unfair and deceptive acts or practices in connection with affidavits. According to the consent...more