Businesses are quickly adapting to new technologies & the electronic information (ESI) they generate. Read how judges are thinking about this ephemeral data.
A key to driving down the cost of ediscovery is to recognize that most preservation and discovery obligations are subject to negotiation — if you…
In this employment discrimination case, the defendant “bollixed its litigation hold…to a staggering degree and at every turn.” As a sanction, the magistrate recommended that…
The court precluded the defendant’s non-disclosed evidence, granting summary judgment for the plaintiff, as the failure to disclose was in bad faith.
In this alleged click-fraud case, the court concluded that a forensic inspection of the defendant’s devices was proportional to the needs of the case.
The plaintiff stated that he “will produce” responsive discovery when it is available; the court ordered him to supplement this inadequate response.
The court imposed monetary sanctions for the plaintiff’s nondisclosure of third-party communications and failure to supplement discovery.
The court denied the plaintiff’s request for re-production of ESI in native format where she gave no “specific, articulable basis” for the request.
What is cooperation in ediscovery? Learn why collaborative ediscovery is required by the FRCP, how it controls costs, and why preparation is critical.
Scope is the extent of discovery that the parties agree to provide in a case, determined both by FRCP 26(b)(1) and the individual case’s parameters.
In this putative class action, the court imposed nearly $500,000 in sanctions for Ford’s repeated misrepresentations about its source code security.