Ediscovery
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…
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…
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…
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…