Envy Hawaii LLC v. Volvo Car USA LLC No. 17-00040 HG-RT (D. Haw. Mar. 20, 2019)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 was, in fact,...
GN Netcom, Inc. v. Plantronics, Inc. No. 18-1287 (3d Cir. July 10, 2019) 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 over yet. In this recent...
Paisley Park Enters., Inc. v. Boxill No. 17-cv-1212 (WMW/TNL) (D. Minn. Mar. 4, 2019)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 based on the defendants’...
Equal Emp’t Opportunity Comm’n v. Performance Food Grp. No. CCB-13-1712 (D. Md. Mar. 6, 2019)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 to...
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 these goals cost-effectively requires both a mindset and a skill set that have wide potential applications…
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 to a discovery request) from the chaff (everything else). Earlier culling…
![Party ‘repeatedly and consistently [took] knowing and intentional action to destroy evidence’](https://zapproved.com/wp-content/uploads/2019/07/CL319_CaseLaw_Ennis-FlintvGreer-400x250.png)
Ennis-Flint, Inc. v. Greer No. 18-CVS-3612, 2019 NCBC 11 (N.C. Business Court Feb. 4, 2019) 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 admitted...
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 culling process to identify and extract potentially relevant electronically stored information (ESI). This approach…
Edwards v. 4JLJ, LLC, No. 2:15-CV-299 (S.D. Tex. Jan. 11, 2019) 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 reconsider those sanctions or to...
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 on not only potential spoliation sanctions, but also on many hidden costs of discovery…