Data management
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.
Plaintiff can’t just say he ‘will produce’ responsive discovery
The plaintiff stated that he “will produce” responsive discovery when it is available; the court ordered him to supplement this inadequate response.
Don’t ask for a production you’re not prepared to review
In this class action, the court denied sanctions after the plaintiffs’ demands for a broad scope of discovery yielded a predictably huge production.
What Is Cooperation in Ediscovery?
What is cooperation in ediscovery? Learn why collaborative ediscovery is required by the FRCP, how it controls costs, and why preparation is critical.
Court finds ‘much more serious’ spoliation intended to gain litigation advantage
In this contract claim, the court imposed the rare sanction of dismissal for the plaintiffs’ intentional spoliation and alteration of evidence.
Using Internet of Things Data Beyond Criminal Cases: Previewing Ediscovery Challenges
Law enforcement investigators keep finding new ways to use data from internet of things (IoT) connected devices like fitness trackers to build criminal cases. Civil…
