News & Analysis as of

Sanctions

Currents - Energy Industry Insights - May 2018 #3

Study Finds No Evidence of Groundwater Contamination Attributable to Natural Gas Development - "A multi-year study conducted by researchers at the University of Cincinnati, and partly funded by organizations opposed to...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The latest from the Redstone/CBS dispute, with news late yesterday that even as Shari Redstone is “moving to block CBS Corp.’s efforts to strip her family of voting control”, a Delaware judge has temporarily blocked her from...more

The Italian Supreme Court rules on the liability of broadcasters for unlawful advertising of medical devices

by Hogan Lovells on

By decision No. 10892 published on 7 May 2018, the Italian Supreme Court ruled on an appeal brought by the Ministry of Health against a decision of the appellate Court of Padua in a case concerning the administrative...more

IIROC Making Fine Progress in Monetary Collection Efforts

The Investment Industry Regulatory Organization of Canada (IIROC) recently released its Annual Enforcement Report (Report), which highlights IIROC’s efforts to increase its rate of collection on monetary fines, including...more

Former Employee Sanctioned for Lying Under Oath, Destruction of ESI: eDiscovery Case Law

by CloudNine on

In Heggen v. Maxim Healthcare Servs., Inc., No. 1:16-cv-00440-TLS-SLC (N.D. Ind. April 27, 2018), Indiana Magistrate Judge Susan Collins ruled that the plaintiff’s destruction of requested cellphone recordings, as well as...more

We've Been Charged with Sanctions – Now What?

by Sands Anderson PC on

No one likes to see the words “Motion for Sanctions”. Judges don’t like them; most lawyers don’t like to make them; and 100% of lawyers don’t want to be on the receiving end of them. And I’m not talking about discovery...more

What Is Preservation?

by Zapproved LLC on

Understanding the legal hold stage of discovery - Preservation is the process of keeping physical items and electronically stored information (ESI) intact for discovery during litigation. To preserve potential evidence,...more

Bad Behavior in eDiscovery is Still Very Costly!

by Foley & Lardner LLP on

...For those of us who practice regularly in the ediscovery realm, the December 1, 2015 amendment to Rule 37(e) was a much needed game-changer. In simple terms, amended Rule 37(e) eliminated the risk of the severest sanctions...more

5 Practice Tips for Protecting Your Clients & Your Reputation

Kilpatrick Townsend Senior E-Discovery Attorney Katie King recently participated in an E-Discovery Sanctions webinar, where she shared the following tips to protect your clients and your reputation: Sanctions and their...more

Ohio Supreme Court Restricts Spoliation Claims

by Roetzel & Andress on

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

Court Admonishes Village for Adopting Laws with a Discriminatory Purpose

by Farrell Fritz, P.C. on

Local governments in New York may regulate land use within their borders directly through their zoning codes and indirectly by adopting a variety of other statutes and regulations. ...more

ePRO Can’t Escape Huge Sanctions for Willful Spoliation

by Zapproved LLC on

Klipsch Grp., Inc. v. ePRO E-Commerce Ltd., Nos. 16-3637-cv, 16-3726-cv (2d Cir. Jan. 25, 2018). In this interlocutory appeal, the Second Circuit upheld the lower court’s imposition of a $2.7 million discovery sanction in...more

Market Correction: B.C. Court Orders Securities Regulator to Revisit Sanctions Regime

The British Columbia Court of Appeal (Court) recently released its decision in Davis v. British Columbia (Securities Commission) (Davis), overturning the decision of the B.C. Securities Commission (Commission) to impose a...more

What Is Compliance?

by Zapproved LLC on

A quick guide to understanding ediscovery rules and regulations In ediscovery, compliance means adhering to the laws and regulations for every jurisdiction where an organization does business. Generally speaking, those...more

What is the FRCP? Facts about the Federal Rules of Civil Procedure

by Zapproved LLC on

A primer on the Federal Rules of Civil Procedure - The Federal Rules of Civil Procedure, commonly referred to as the FRCP, govern how federal district courts conduct civil cases. (The rules for criminal cases are...more

Court Orders Evidentiary Sanctions for Plaintiffs’ ‘No Special Effort’ to Preserve Evidence

by Zapproved LLC on

Leidig v. BuzzFeed, Inc., No. 16 Civ. 542 (VM) (GWG) (S.D.N.Y. Dec. 19, 2017). In this defamation case, the court ordered evidentiary sanctions to address the prejudice caused by the plaintiffs’ negligent preservation...more

ICE Now Taking More Opportunistic Approach to Employer Sanctions

by Nexsen Pruet, PLLC on

Could you imagine losing your workers overnight for immigration reasons due to an unrelated investigation? Recent headlines about an April 5 immigration raid of a meat processing plant in Tennessee announced the biggest...more

SEC, Under New Safe Harbor, Awards More Than $2.2 Million To Whistleblower Who First Reported To Another Federal Agency

by Shearman & Sterling LLP on

On April 5, 2018, the Securities and Exchange Commission (“SEC”) announced a whistleblower award of more than $2.2 million in connection with a report of misconduct. The whistleblower, a former company insider, first reported...more

Russia Prepares to Retaliate for U.S. Sanctions

by Jones Day on

On April 13, 2018, the Duma (lower chamber of the Russian parliament) introduced a draft law "On Measures to Counter Unfriendly Actions of the United States of America and/or Other Foreign States" ("Draft Law") in response to...more

Slash Risk by Saying Goodbye to Manual Legal Holds

by Zapproved LLC on

The right automation software can help you avoid spoliation sanctions, improve your audit trails, and boost ROI - We all know that ediscovery can be expensive. But while we usually think of review as the most expensive...more

K&L Gates Triage: Protecting Patient Information in Bankruptcy Cases

by K&L Gates LLP on

In this episode, Margaret Westbrook discusses privacy issues that may affect health care providers when filing proofs of claim in the bankruptcy court. Given the potential for public access of these records, it is important...more

Discovery Sanctions in the Second Circuit: Be Afraid, Be Very Afraid

Two of the most compelling discovery sanction cases of the past year are Klipsch Group., Inc. v. ePRO E-Commerce Ltd. and Ronnie Van Zant, Inc. v. Pyle, both decided in the Second Circuit. In the first, the court awarded...more

Defendant Sanctioned for “Deliberately” Altering a Skype Communication: eDiscovery Case Law

by CloudNine on

In GoPro, Inc. v. 360Heros, Inc., No. 16-cv-01944-SI (N.D. Cal. March 30, 2018), California District Judge Susan Illston denied the plaintiff’s motion for summary judgment and denied the defendant’s motion in limine to...more

Plaintiff Loses Sanctions In Wrongful Death Case by Failing to Prove Video Loss After ATF ‘Sting’

by Zapproved LLC on

White v. United States, No. 4:15CV1252 SNLJ (E.D. Mo. Jan. 9, 2018). In this wrongful death case, the plaintiff moved for spoliation sanctions against the U.S. government for destroying video evidence. The court denied the...more

Perspectives for the Professions Newsletter - March 2018: Duty of Fairness at Investigative Stage and the Importance of...

by Field Law on

Kuny v College of Registered Nurses of Manitoba, 2017 MBCA 111, emphasizes that the duty of fairness at the investigative stage of a professional disciplinary process requires centrally that a member be advised of the...more

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Cybersecurity

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