Data management
Negligence in Preserving ESI Earns Sanctions
In this antitrust case, the magistrate recommends monetary sanctions against Presbyterian Healthcare Services for negligence in preserving ESI.
Despite Clawback, Defendant’s Reckless Abandon of Rule 502 Bites Back
The defendant’s reckless behavior convinced the court to deny the request to return privileged documents it mistakenly produced.
Intentional Data Destruction Gets Default Judgment in OmniGen Research v. Wang
Relying on the Federal Rules of Civil Procedure and its inherent authority, a court imposed default judgment for data destruction in OmniGen v. Wang.
After Failing to Consult With Client, Counsel Ordered to Pay 60% of Discovery
In this employment discrimination case, see why the judge shifted discovery costs to the plaintiff's counsel for not consulting with his client.
Blatant Bad Faith in Discovery May Ultimately Warrant Terminating Sanctions
See why the court sided with CrossFit when the defendant NSCA withheld evidence in bad faith and did not accept responsibility for misconduct.
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.
