Resources
Good Faith Efforts to Find Lost Evidence Can Save the Day
In this case, the court ruled that prejudice is required to support spoliation and evidence based on speculative data loss isn’t enough.
Spoliation Claims Require an Actual—Not Imagined—Loss of Evidence
It takes concrete evidence — not mere supposition — to support a claim of spoliation, as a recent case involving a permit dispute illustrates.
5 Reasons for Cloud Computing
These five aspects of cloud computing have given rise to an entirely new generation of applications; changing the ways companies do business.
Court Permits Deposition of Court-Appointed Forensic Expert
In this antitrust lawsuit, the court granted the defendant’s motion to depose a court-appointed forensic expert who analyzed the plaintiffs ESI.
Failing to Plan and Oversee Discovery Is Planning to Fail
Counsel cannot simply issue a legal hold and expect custodians to understand and comply. They must take affirmative steps to monitor compliance.
Failure to Implement Legal Hold and Supervise Discovery Among Counsel’s Sanctionable Sins
In HM Elecs. v. R.F. Techs., the court issued sanctions against defendants and counsel for intentionally withholding and destroying documents.