discovery
Defendant failed to establish that unpreserved evidence was irretrievably lost
In this contract dispute, the court denied the defendant’s motion for spoliation sanctions, finding that it had not conclusively established that the evidence in question…
Appellate court reverses exclusion of evidence about spoliation, remands
We’ve previously written about GN Netcom, Inc. v. Plantronics, Inc. — a long-running antitrust matter involving egregious spoliation of emails — but the saga isn’t…
Two defendants admitted to having ‘wiped and discarded’ their phones without preserving text messages
In this case involving the alleged infringement of music created by the late artist Prince, the court granted in part the plaintiffs’ motion for sanctions…
Court glances past issue of lost passwords for protected documents
In this employment discrimination case, the court denied the plaintiff’s motions for sanctions involving both paper records and ESI. It found that the plaintiff failed…
Going Beyond Litigation
The essence of ediscovery is twofold: managing data and extracting useful information that can then be used to tell a story. Learning how to accomplish…
Culling & Review
Responding to your discovery obligations is all about effectively and efficiently culling your data to separate the wheat (non-duplicative and non-privileged documents that are responsive…
Party ‘repeatedly and consistently [took] knowing and intentional action to destroy evidence’
In this case alleging breach of contract and trade secret theft, the North Carolina Business Court granted the plaintiff a preliminary injunction after the defendant…
Targeted Collections
Traditional approaches to ediscovery have relied on broad collection, such as copying the entire contents of a mailbox or hard drive, followed by an extensive…
Court ‘will not tolerate the destruction or concealment of evidence’
In this case seeking unpaid overtime wages, the court previously imposed sanctions against the defendants for their discovery abuses. This order denied their motion to…
Robust Preservation Practices
Without rigorous preservation of discoverable data, there can be no ediscovery. What’s more, investing in your approach to data preservation can have a significant impact…
Disputed restoration expected to cost less than the motion practice about it
In this case alleging patent infringement, the court held that restoration of an email archiving system would be proportional to the value of the case.…
Proportionality & Case Preparation
A key to driving down the cost of ediscovery is to recognize that most preservation and discovery obligations are subject to negotiation — if you…