Incardone v. Royal Caribbean Cruises, Ltd. No. 16-20924-CIV-MARTINEZ/GOODMAN (S.D. Fla. Aug. 12, 2019)In this claim for injuries sustained during a boat cruise, the court began its opinion by noting that “a picture is worth a thousand words.” Given that, “surely a...
In this employment case, the magistrate imposed monetary sanctions and recommended an adverse inference jury instruction for the defendants’ spoliation of electronically stored information (ESI). Although the defendants were on notice of the plaintiff’s claims and had a clear obligation to preserve relevant information, they intentionally deleted her email and work data…
Over the last few weeks, In-House Insights has been exploring the importance of having a sound preservation plan and process in place. In developing and writing down your plan, your legal process becomes transparent, consistent, and repeatable – all fundamental elements of defensibility. But to be effective, a plan must…
The work doesn’t end after the legal team has issued a legal hold notice. Legal counsel has a duty to monitor custodians’ compliance with the hold instructions. Reasonable actions to satisfy this duty typically include…
Once the organization has determined the scope of the preservation obligation, it must take action to preserve the content within that scope. This typically involves notifying personnel about their need to preserve information and affording them adequate…
Our goal for Elevate Ediscovery remains providing practical guidance and actionable tips for in-house ediscovery professionals on an array of ediscovery topics. In Part 3 of our series on data preservation best practices, we continue our discussion…
Without rigorous preservation of discoverable data, there can be no ediscovery. What’s more, investing in your approach to data preservation can have a significant impact on not only potential spoliation sanctions, but also on many hidden costs of discovery…
Henson v. Turn, Inc. No. 15-cv-01497-JSW (LB), 2018 WL 5281629 (N.D. Cal. Oct. 22, 2018).In this data privacy class action, the court denied the defendant’s request to inspect the plaintiffs’ mobile devices. It also denied production of the plaintiffs’ full web...
The advantages associated with automated legal holds are clear: faster issuance of holds, better acknowledgment rates, and more efficient management of holds — which all contribute to fewer sanctions for spoliation. Yet a surprising 43 percent of companies still use...
In re Abilify (Aripiprazole) Prods. Liab. Litig. No. 3:16-md-2734 (N.D. Fla. Oct. 5, 2018) In this multidistrict product liability case, the court denied spoliation sanctions where the defendant deleted emails a decade before the litigation began. The plaintiffs...