discovery
Court allows discovery from Internet Archive for use in foreign proceeding
In this action related to trademark claims, the court allowed 28 U.S.C. § 1782 discovery from the Internet Archive for use in a foreign proceeding.
Production of emails in PDF format violates Rule 34 and the court’s order
Despite being ordered to comply with FRCP 34, the plaintiffs continued to produce emails in PDF rather than native format, leading to sanctions.
Seventh Circuit finds prejudice from spoliation but no intent to deprive
In this discrimination case, the Seventh Circuit affirmed spoliation sanctions against the defendant but also affirmed summary judgment in its favor.
Measuring what matters: Adopting metrics in ediscovery
This practical guide explains why metrics are critical to saving money and time in ediscovery and gives best practices for establishing helpful KPIs.
Produced PDF files ‘are merely pictures’ that lack critical metadata
Where the plaintiff failed to comply with FRCP 34, producing PDFs that lacked critical metadata, the court ordered production of native-format ESI.
Defendant’s failure to produce discovery ‘no one’s fault but its own’
The court precluded the defendant’s non-disclosed evidence, granting summary judgment for the plaintiff, as the failure to disclose was in bad faith.
