Evidence, Spoliation, Sanctions

Spoliation, Sanctions, and Staying Social Media Savvy

Pagefreezer on 8/1/2024

Social media has changed the way we share ideas, the way we get our news, the way we make purchases, and the way we conceptualize ourselves and our community. It has changed the way we keep in touch with our friends and...more

April’s Notable Cases and Events in E-Discovery

EDRM - Electronic Discovery Reference Model on 4/18/2024

[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

The Saiber Construction Law Column: October/November 2023

Saiber LLC on 11/16/2023

The duty to preserve litigation evidence arises when a party in possession of evidence knows that litigation by a party seeking the evidence is pending or probable, and the party in possession of the evidence can foresee the...more

November’s Notable Cases and Events in E-Discovery

EDRM - Electronic Discovery Reference Model on 11/16/2023

[Editor’s Note: This article was first published November 15, 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

October’s Notable Cases and Events in E-Discovery

EDRM - Electronic Discovery Reference Model on 10/19/2023

[Editor’s Note: This article was first published October 18, 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

[Webinar] Important eDiscovery Case Law Decisions for October 2023 - October 24th, 1:00 pm - 2:00 pm ET

EDRM - Electronic Discovery Reference Model on 10/6/2023

“We all go a little mad sometimes” – for eDiscovery case law! Our October 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses forensic protocol negotiation and scope, sanctions for plaintiff in Bob...more

Order’s Up: No Spoliation Sanctions for Cook’s Failure to Back-up Stolen iPhone – Case Law Update

Cozen O'Connor on 6/1/2023

A recent decision declined to find the requisite “intent to deprive” that would merit sanctions under Rule 37(e) when a plaintiff was unable to produce text messages because his phone had been stolen and he had not taken...more

2021 eDiscovery Case Law Wrap-Up

Reveal on 12/30/2021

To better understand how technology continues to aﬀect the legal industry, you just have to look at case law and the resulting court rulings, particularly in regards to eDiscovery and the Federal Rules of Civil Procedure...more

[Virtual Conference] eDiscovery Summer Refresher 2.0 - Session Five: Hot Topics in eDiscovery: 2021 Case Law Update - August 11th,...

Association of Certified E-Discovery... on 7/27/2021

2021 has already ushered in a number of eDiscovery developments that clients and counsel should be aware of. These developments include new trends regarding the increasing incidence of court-ordered forensic exams, whether...more

The Difference Between Routine Document Destruction And Spoliation

Husch Blackwell LLP on 4/27/2021

In today’s world, there is a tendency to believe that everything must be preserved forever. The common belief is that documents, emails, text messages, etc. cannot be deleted because doing so may be viewed as spoliation...more

Is eDiscovery Existing in a Post-Sanctions World?

Reveal on 12/10/2019

Is eDiscovery Existing in a Post-Sanctions World? The short (and obvious) answer is no. Rule 37(e) isn’t going anywhere. But recent case law indicates a trend where sanctions seem to be harder to come by, which may play...more

3 Steps in Furtherance of Avoiding Devastating Spoliation Sanctions in Trade Secret Misappropriation Litigation

Sheppard Mullin Richter & Hampton LLP on 12/6/2019

Preservation of electronically stored evidence (ESI) may be critical in trade secret cases. When a dispute revolves around whether a defendant accessed and/or transmitted the plaintiff’s trade secret material maintained in an...more

How Ephemeral Messaging Can Affect eDiscovery Compliance

Epiq on 12/4/2019

Litigators and corporate clients must stay up to date with new technologies and be aware the legal implications that are implicit with new technologies. Lawyers also have an ethical obligation to understand the benefits and...more

Court Dicta in Paisley Park v. Boxill Foresees Expansion of Discoverable ESI

Hanzo on 9/18/2019

Parties “Do Not Get to Select What Evidence They Want to Produce, or From What Sources” Are you preserving all of the electronically stored information (ESI) that’s relevant to your litigation matters? What about...more

5 Reasons You Need an eDiscovery Playbook for Managing Your Enterprise Slack Data

Hanzo on 5/8/2019

The collaboration app Slack sounds, from its full name, like it should be designed for discovery in litigation—“Slack” is actually an acronym for “Searchable Log of All Conversation and Knowledge.” Isn’t that what we’re...more

Think twice before filing a spoliation motion against a plaintiff in Georgia.

Butler Snow LLP on 12/7/2018

Georgia courts have finally claimed the same legal standard applies to plaintiffs and defendants when courts are deciding when the duty to preserve relevant evidence arises. But the application of the standard to plaintiffs...more

The Risks Of Social Media In Litigation

Farrell Fritz, P.C. on 10/12/2018

It has become apparent that lawyers must keep informed of changes in the law, including the benefits and risks associated with relevant technology. And, relevant technology is not limited to electronic dockets (i.e., NYSCEF,...more

The E-Discovery Digest - June 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 7/3/2018

The 10th 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

Ohio Supreme Court Restricts Spoliation Claims

Roetzel & Andress on 5/9/2018

The Ohio Supreme Court has issued an important decision limiting a party’s ability to pursue an independent tort claim for spoliation of evidence. Ohio law excludes tort claims for negligent spoliation of evidence, but...more

If Evidence In Its Original Form Is No Longer Available – But A Copy Of That Evidence Is – Are Spoliation Sanctions Appropriate?

Farrell Fritz, P.C. on 11/22/2017

In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), Plaintiffs – providers of entertainment-related photojournalism and owners of celebrity photographs – interposed various...more

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