BankDirect Capital Fin., LLC v. Capital Premium Fin., Inc., No. 15 C 10340, 2018 WL 1616725 (N.D. Ill. Apr. 4, 2018). In this breach of contract case, the defendant, Capital Premium Financing, Inc. (“CPFI”), moved for spoliation sanctions against BankDirect Capital...
What’s happened in ediscovery so far in 2018? It’s been a fairly quiet year, but we’ve seen a few interesting cases — and in those, some themes have emerged.Motions for Spoliation Sanctions Must Be Complete and TimelyCourts have denied spoliation sanctions in several...
A primer on the Federal Rules of Civil Procedure The Federal Rules of Civil Procedure, commonly referred to as the FRCP, govern how federal district courts conduct civil cases. (The rules for criminal cases are established in the Federal Rules of Criminal Procedure.)...
Youngevity Int’l Corp. v. Smith, No. 16-cv-704-BTM-JLB, 2017 U.S. Dist. LEXIS 200048 (S.D. Cal. Dec. 4, 2017). In this case alleging misappropriation of trade secrets and breach of fiduciary duty, the plaintiff requested sanctions for the defendants’ deletion of...
Waymo LLC v. Uber Techs., Inc., No. 17-cv-00939 WHA, 2018 U.S. Dist. LEXIS 16020 (N.D. Cal. Jan. 29, 2018). In this highly publicized case alleging that Uber misappropriated trade secrets, the court held that Uber spoliated electronically stored information (ESI)...
In Sec. Alarm Fin. Enters., L.P. v. Alarm Protection Tech., limited sanctions were appropriate under Federal Rule of Civil Procedure 37(e)(1) where a party engaged in selective preservation..