Corporate legal teams are automating legal holds and data preservation processes to meet business goals, a new national survey finds.
Gibson Dunn’s 2012 Ediscovery Report Includes Recap on Preservation Cases, Reform Efforts and Sanctions
Every January for the past few years, Gibson Dunn publishes an extensive summary of the key decisions in the area of electronic discovery. The 2012 edition was published on January 14 and for those interested in staying on top of the latest developments it is worthwhile reading. Following are a few highlights: Preservation (pp.25-27) As […]
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the top 30 largest global companies. Apple’s iPhone invented the smart phone category and this suit alleges that Samsung copied the iPhone’s design in violation of its patents. With hundreds of […]
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott Etish’s post at E-Discovery Law Alert. The opinion […]
If You Don’t Issue a Legal Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points around legal holds. Judge Conroy’s opinion and order for Synventive […]
