Ediscovery
Party’s Willful Destruction of Data Did Not “Optimize” the Case for Dismissal
A plaintiff “willfully [ran] a computer program that she knew [...] would destroy at least some data,” the court refused to dismiss the case.
Circuit Court Reverses and Reinstates Suspension After Tom Brady Fumbles the ESI
The Second Circuit, citing its deferential standard of review for arbitration awards, reinstated Tom Brady’s four-game suspension for ball tampering.
Spoliation Claims Are Not a Recreational Vehicle to Be Raised at Any Time in a Case
The court rejects a request for spoliation sanctions where the requesting party did not prove that the allegedly spoliating party acted in bad faith.
5 Ups and Downs of Ediscovery Price Compression
Read the 5 key points of e-discovery price compression with input from experts Monica Enand and Adi Elliot. Article originally publish on Legaltech News.
The Failure to Issue a Legal Hold Can Cause a Case to Crash and Burn
In Bruner v. Am. Honda Motor Co., the court granted the plaintiffs’ motion and ordered the defendant to implement a legal hold.
Ninth Circuit Requires an Intentional Spoliator to Pay the Freight With a Default Judgment
Ninth Circuit affirms district court’s grant of default judgment as sanctions for intentional deletion of data after explicit preservation order.