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Results for: legal holds

What Is SOC 2?

What Is SOC 2?

What Is SOC 2 Type 2 and Why Does It Matter in Litigation Response? What Is SOC 2® Certification? SOC 2 Type 2 certification is the gold standard in keeping ediscovery data secure. Ediscovery often involves a company’s most sensitive, important internal information....

Negligence in Preserving ESI Earns Sanctions

Negligence in Preserving ESI Earns Sanctions

N.M. Oncology & Hematology Consultants v. Presbyterian Healthcare Servs., No. 1:12-cv-00526 (D.N.M. Aug. 16, 2017). Because the defendant was merely negligent in producing discoverable information, the magistrate judge recommended only that it pay 75% of the costs...

HVI Cat Canyon, CA Ordered to Pay Sanctions

HVI Cat Canyon, CA Ordered to Pay Sanctions

United States v. HVI Cat Canyon, Inc., No. 2:11-cv-05097-FMO (PLAx) (C.D. Cal. Apr. 20, 2017). In this case, a plaintiff’s failure to properly issue and confirm legal holds led to the spoliation of evidence and ultimately big sanctions. The decision came two years...

You Can’t Spoliate Evidence That You Don’t Possess

You Can’t Spoliate Evidence That You Don’t Possess

HCC Ins. Holdings, Inc. v. Flowers, No. 1:15-cv-3262-WSD, 2017 WL 393732 (N.D. Ga. Jan. 30, 2017). In this case, the court denied a motion for sanctions because the plaintiff failed to prove that the defendant ever possessed its confidential information. Despite the...

Minimal Sanctions for a Minimal Showing of Prejudice

Minimal Sanctions for a Minimal Showing of Prejudice

In a breach of contract matter, the court refused to impose severe spoliation sanctions under Federal Rule of Civil Procedure 37 where a party requesting sanctions did not demonstrate prejudice because the lost files were generally irrelevant or available from other sources.

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