Proposed amendment to Rule37(e) seeks to limit sanctions in cases of spoliation
Solid Preservation Policy Turns Back Defendants’ Motion for Sanctions in New York
RF SUNY had a solid policy in place, issued timely legal holds, and audited custodial compliance so they were able to repel sanctions for spoliation.
Kirgan v. FCA LLC – Rule 1: Preserve ESI When Litigation is Forthcoming. Rule 2: Don’t Mislead When Breaking Rule 1, or Sanctions Will Follow
Court issues adverse inference instruction after defendant ignored preservation order and issued false testimony, to educate on compliance.
New York and Delaware State Courts Address Preservation in New Ediscovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure.
Corporate Counsel Agenda Survey Shows Creating Culture of Compliance Is Among Top Concerns
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 […]
