Case Law
Court Sanctions Counsel for Not Disclosing Deleted Client Emails
In People v. Miller, the Colorado Supreme Court fined and publicly censured attorney Randall Miller for failing to promptly disclose deleted emails.
In Ediscovery, Writing a Program to Analyze Data Isn’t the Same as Producing New Data
In this proposed class action, the court granted a motion compelling the defendant to produce e-discovery data to define the class of potential plaintiffs.
Invincea and Lead Counsel Pay for Late Discovery Despite Case Settlement
In Vir2us, Inc. v. Invincea, Inc., discovery violations and failing to comply with Federal Rules of Civil Procedure cost the defendant and its lead counsel.
Judge Peck Provides a Rule 34 ‘Wake-Up Call’ — Objections that Are Not Specific Are Waived
In Fischer v. Forrest, Judge Andrew J. Peck found that defendants violated FRCP 34 and ruled that responses to discovery requests must be specific.
Minimal Sanctions for a Minimal Showing of Prejudice
In a breach of contract matter, the court refused to impose severe spoliation sanctions under Federal Rule of Civil Procedure 37 where a party requesting…
The Cost of Intentional E-Mail Deletion and “Repeated Obfuscation”? $3 Million
Court imposed sanctions against a defendant whose senior executive intentionally deleted thousands of e-mails to prevent the plaintiff from discovering them.
