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Hand pressing a keyboard button that says block ads

Court finds forensic inspection relevant and proportional

In this alleged click-fraud case, the court concluded that a forensic inspection of the defendant’s devices was proportional to the needs of the case.

A judge and an unhappy defendant in court over lack of ediscovery process

Plaintiff displays ‘flagrant disregard’ for court’s orders and discovery process

On appeal, the Eleventh Circuit affirmed, finding that the plaintiff’s failure to provide discovery justified the “last resort” sanction of dismissal.

The Chinese government “imposed a complete ban” on the modified corn, resulting in “economic losses” to the plaintiffs. A $1.51 billion settlement has been negotiated in the case

Party failed to follow court’s ESI Protocol Order in requesting an exception

The court denied a request to produce ESI in native format rather than TIFF files, citing the inability to Bates number a native production.

Person typing on laptop collecting ESI for legal reasons

PDF production ‘not unreasonable,’ but also not ‘unduly burdensome’ to re-produce

Citing FRCP 34 regarding the form of production, the court ordered a party to re-produce emails in native format rather than as searchable PDFs.

Security Cameras finding out employees are not at work when they say they are

Facing ‘unclear’ evidence, court concludes that overwritten ESI was never downloaded

The court denied sanctions for spoliation, finding that the disputed ESI had been automatically overwritten before the duty to preserve attached.

a hand dialing a phone number to call their attorney

The plaintiff’s 16-minute call to attorneys didn’t establish a duty to preserve

The court denied sanctions where the plaintiff “accidentally” deleted emails, rejecting as “speculative” the claim that she had a duty to preserve.