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Spoliation Corporate Counsel Discovery

Skadden, Arps, Slate, Meagher & Flom LLP

Premium on Preservation: Recent Delaware Rulings Underscore the Importance of Preserving Documents

Document discovery plays an essential role in litigation. Litigants and courts rely on documentary exhibits, along with witness testimony about such exhibits, to create a trial record. As a result, courts expect that parties...more

Venable LLP

Spoliation and Failure to Disclose: What Gets Swept Under the Rug in FTC Investigations Lands in a Dangerous Pit

Venable LLP on

Once a company or individual learns they are a target of a Federal Trade Commission investigation, they need to quickly make a series of decisions, then take action. After being notified that the FTC has begun an...more

Farrell Fritz, P.C.

Spoliation Of Evidence: When A Litigation Hold Is No Longer Privileged

Farrell Fritz, P.C. on

In New York, it is widely recognized that the duty to preserve documents arises once a party “reasonably anticipates litigation” (see Voom HD Holdings LLC v EchoStar Satellite, 93 AD3d 33, 41-42 [1st Dept 2012]). And so,...more

Reveal

3 Challenges Corporate Legal Teams Face With BYOD

Reveal on

Today’s eDiscovery Blues comic highlights several challenges In-House legal teams might face when working with data in the face of litigation, starting with the sinking feeling that comes when you ask yourself, “Is the I.T....more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - March 2018

The ninth 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

Epiq

2017 eDiscovery Case Law Review

Epiq on

Electronic discovery cases that made headlines in 2017 featured well-known names such as Taylor Swift and Lynyrd Skynyrd, and reached all the way to the U.S. Supreme Court. As the year draws to a close, it’s a good time to...more

Farrell Fritz, P.C.

In the SDNY, A Party Is Sanctioned For The Preservation Failures Of A Third-Party

Farrell Fritz, P.C. on

Ronnie Van Zant, Inc. v. Pyle, No. 17 Civ. 3360 (RWS), 2017 WL 3721777 (S.D.N.Y. Aug. 28, 2017)- In this case, the Southern District of New York imposed an adverse inference against defendants for their failure to...more

Troutman Pepper

Why Courts Should Not Go 'Over and Above' the Federal Rules to Impose Sanctions for Loss of ESI

Troutman Pepper on

A recent case offers a cautionary tale of how courts may cite to the requirements of amended Federal Rule of Civil Procedure 37(e), which governs imposing sanctions for failure to preserve electronically stored information...more

Morris James LLP

Looking Back on 2015: The 6 Most Important eDiscovery Cases in Delaware

Morris James LLP on

2015 saw continued interest by the Delaware courts in various aspects of eDiscovery. The courts dealt with broad issues, such as spoliation and general discovery misconduct, while also focusing on narrower issues, such as...more

Troutman Pepper

Can Amended Federal Rule of Civil Procedure 37(E) Rewrite Plaintiffs' Spoliation Playbook?

Troutman Pepper on

The application of Rule 37(e) may limit spoliation litigation to issues relevant to underlying claims and defenses. A key component in plaintiffs’ playbook when facing a corporate defendant is to attempt to try cases...more

McGuireWoods LLP

E-Discovery Update: Changes to Rule 37’s Failure-to-Preserve-ESI Sanctions Impact Recent Rulings

McGuireWoods LLP on

For years, companies have battled different sanction standards for the failure to preserve documents. This led to over-preservation, where, to avoid accusations of “negligent” failure, companies preserved every shred of...more

Bracewell LLP

S.D.N.Y. Issues Spoliation Sanctions Against Foot Locker

Bracewell LLP on

The sanctions recently levied against Foot Locker serve as a potent reminder that understanding data and document preservation requirements is imperative. A New York federal judge issued sanctions against Foot Locker last...more

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