discovery
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…
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…
