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Electronic Communications Electronically Stored Information Sanctions

EDRM - Electronic Discovery Reference Model

Fed.R.Civ.P. 26(g) Was Violated by Permitting Client Searches With Minimal Oversight by Counsel

Fed.R.Civ.P. 26(g) is called the “stop and think” rule.  In Grullon v. Lewis, 2025 WL 1693425 (S.D.N.Y. Jun. 17, 2025), the court found a violation of that rule....more

EDRM - Electronic Discovery Reference Model

Failure to Show “Intent to Deprive” Leads to Denial of Rule 37(e)(2) Sanctions

A motion for spoliation sanctions under Fed.R.Civ.P. 37(e) was denied in Boshea v. Compass Marketing, Inc., 2024 WL 811468 (D. Md. Feb. 27, 2024). The motion was argued and decided during trial. The suit by a former...more

EDRM - Electronic Discovery Reference Model

[Webinar] Virtual Meetings & Ephemeral Messages: Preserve, Produce, & Sanctions for Loss - July 19th, 1:00 pm - 2:15 pm ET

Electronic information is ubiquitous and its use and misuse can pose serious ethical problems for attorneys. Attorneys use electronic information to communicate with the public and with clients, to advertise their services,...more

Dorsey & Whitney LLP

Mission Impossible: Will This Message Self-Destruct?

Dorsey & Whitney LLP on

Most people outside of the law do not realize how valuable evidence is in resolving courtroom disputes. There are a variety of rules around what is and what is not a trustworthy fact, but a participant in a case is typically...more

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