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Sanctions Electronically Stored Information Discovery Disputes

Minerva26

eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions

Minerva26 on

Magistrate Judge Scott Hardy delivers a masterclass on what the meet-and-confer requirement really means in federal litigation—and the serious consequences of failing to cooperate in discovery. In this riveting breakdown of...more

Minerva26

How Failing to Meet and Confer Effectively Can Lead to Sanctions

Minerva26 on

If you’ve been around the ediscovery space long enough, you’ve likely heard the term “drive-by meet and confer.” It’s what happens when counsel shows up to a Rule 26(f) conference unprepared, without the necessary knowledge...more

Cimplifi

Going Mobile: Recent Mobile Device Case Law Trends, Part 1

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One of the best indicators of trends related to mobile device discovery is case law rulings. Case law rulings tell us what the courts are expecting from us regarding how and when electronically stored information (ESI) from...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for March 2025 - March 20th, 1:00 pm - 2:00 pm ET

No need for blarney, we have six great cases! In our March 2025 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to sanctions over spoliated video evidence, quashing subpoenas of...more

Kilpatrick

Planting the Seeds of Accountability for Spoliation Sanctions

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When seeking sanctions for spoliated evidence, the nature of the evidence and your jurisdiction can play a pivotal role. Are you in state or federal court? Is the missing evidence electronically stored information or not? The...more

EDRM - Electronic Discovery Reference Model

[Webinar] Scary Important eDiscovery Case Law Decisions for October - October 31st, 1:00 pm - 2:00 pm ET

Afraid you won’t be up to date on important case law? Our October 2024 monthly webinar of cases covered by the eDiscovery Today blog will remove all your fears! During the webinar we will discuss disputes related to relevance...more

EDRM - Electronic Discovery Reference Model

September’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published September 25, 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...more

EDRM - Electronic Discovery Reference Model

April’s Notable Cases and Events in E-Discovery

[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

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for April - April 23rd, 1:00 pm - 2:00 pm ET

No one else can “eclipse” our coverage of eDiscovery case law! Our April 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes related to relevance and privacy of an unpublished autobiography,...more

Epiq

2023 eDiscovery Case Law Review

Epiq on

January is a time to set goals and ponder what the new year will bring. It is also a time to think about what happened last year. In the world of litigation, it is important for lawyers and eDiscovery professionals to take...more

EDRM - Electronic Discovery Reference Model

“Self Help” Discovery in Someone Else’s Dropbox is Held to be Sanctionable

“A trial-level judge in New York has sanctioned [attorneys’ name deleted] for ‘rummaging’ through the Dropbox of its litigation opponent after a third-party vendor accidentally revealed the link in discovery.” D. Cassens...more

EDRM - Electronic Discovery Reference Model

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

“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

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for September 2023 - October 4th, 1:00 pm ET

Fall is in the air and so is the whiff of sanctions! Our September 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including sanctions for discovery violations & misrepresentations,...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for July 2023 - August 1st, 1:00 pm - 2:00 pm ET

Justice delayed isn’t justice denied for eDiscovery case law disputes! Our July 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including custody and control of a personal Google...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for June 2023 - June 27th, 1:00 pm - 2:00 pm ET

Break the summertime blues with some red-hot eDiscovery case law disputes! Our June 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a case where discovery is “like watching...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for April 2023 - April 20th, 1:00 pm - 2:15 pm ET

We’re ready to “spring” into new eDiscovery case law disputes! Our April 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a dispute over search terms and custodians for a...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for February 2023 - February 14th, 1:00 pm - 2:15 pm ET

February 14th is for lovers – of unique and interesting eDiscovery case law disputes! Our February 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including declaration of a...more

Epiq

2022 eDiscovery Case Roundup: Protocols, Preservation, and Party Cooperation

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As 2023 begins it is time once again to reflect on the most interesting eDiscovery cases from last year. Trends are always evolving in this dynamic space and eDiscovery professionals cannot afford to snooze on this review....more

TransPerfect Legal

Ephemeral Messaging and the Duty to Preserve

TransPerfect Legal on

Short, often informal messages have become an increasingly prevalent form of business communication. Whether by sending a simple text message or using a communication application like WhatsApp, Slack, or MS Teams, employees...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for May 2022 - May 24th, 1:00 pm - 2:15 pm ET

Our May monthly webinar of cases covered by the eDiscovery Today blog discusses disputes including third-party subpoena jurisdictional disputes, disputes over forensic imaging, the use of file “shredder” software and...more

EDRM - Electronic Discovery Reference Model

Don’t Get Sanctioned Like These Parties

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

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for April 2022 - April 21st, 1:00 pm ET

eDiscovery Case Law disputes can be “taxing” for the courts, but they’re fun to discuss! Our April monthly webinar of cases covered by the eDiscovery Today blog discusses disputes including third-party subpoena jurisdictional...more

Association of Certified E-Discovery...

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

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

Smith Anderson

Lessons Learned: Destroying Relevant Evidence Can Be Catastrophic in Litigation

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The Fourth Circuit upholds severe sanctions against a party who fails to preserve evidence in litigation. A recent decision of the U.S. Court of Appeals for the Fourth Circuit emphasizes the importance of preserving...more

Troutman Pepper Locke

Spoliation Rule Remains Ambiguous Despite Amendments

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Pursuant to Federal Rule of Civil Procedure 37(e)(2), imposition of the most severe sanctions for failure to preserve relevant electronically stored information — a presumption that the information lost was unfavorable, an...more

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