More companies are using biometric data to detect and prevent fraud, but what are the security risks and the data privacy implications for customers?
Defendant failed to establish that unpreserved evidence was irretrievably lost
In this contract dispute, the court denied the defendant’s motion for spoliation sanctions, finding that it had not conclusively established that the evidence in question was, in fact, lost. While the plaintiff failed to preserve electronically stored information (ESI), the missing information might still be available from other sources.
Appellate court reverses exclusion of evidence about spoliation, remands
We’ve previously written about GN Netcom, Inc. v. Plantronics, Inc. — a long-running antitrust matter involving egregious spoliation of emails — but the saga isn’t over yet. In this recent opinion, the Third Circuit Court of Appeals affirmed the district court in part, reversed it in part, and remanded the matter for a new trial.
Corporate Ediscovery Benchmark Report 2019
The 2019 report demonstrated that corporate ediscovery is hitting a transition point. As we unpacked the responses from the nearly 250 participants, we saw the emergence of three distinct types of teams handling corporate ediscovery.
Two defendants admitted to having ‘wiped and discarded’ their phones without preserving text messages
In this case involving the alleged infringement of music created by the late artist Prince, the court granted in part the plaintiffs’ motion for sanctions based on the defendants’ intentional and egregious spoliation of text messages.
Court glances past issue of lost passwords for protected documents
In this employment discrimination case, the court denied the plaintiff’s motions for sanctions involving both paper records and ESI. It found that the plaintiff failed to establish that the defendant spoliated any emails and failed to support its argument for preclusion of internal complaint evidence.
