Ediscovery
Failing to Take Reasonable Steps to Preserve E-Mail Creates Sanctionable Prejudice
Applying the amended FRCP Rule 37, the court ruled that sanctions were not appropriate where a plaintiff could not show records were destroyed in bad…
The FRCP Amendments Five Months Down the Road: Rule 26
In a recent Zapproved webinar, e-discovery experts convened to discuss some of the cases affected by the 2015 FRCP amendments.
A Pack of Lies Leads to a Pack of Sanctions
A court sanctions defendants for piecemeal production of ESI and false representation, imposing adverse inference instructions and awarding fees
It’s Anything But Smooth Sailing When You Spoliate Evidence
Can it ever be too late to punish a party for the spoliation of evidence?
How to Lower Your Litigation Costs and Risk
Despite advancements in storage, search and retrieval software to help drive down the unit costs, the sheer volume of e-discovery pushes costs up.
Timing of Rule Amendments Proves “Good Luck” for Spoliating Party as Court Vacates an Adverse Inference Order
As this case illustrates, amended rules will require courts to consider the threshold issue of intent before evaluating spoliation remedies.