ATTENTION! Reporter’s Privilege is NOT a Laughing Matter
Discovery rules are very important in litigation, but in specific circumstances they do not apply. A reporter has the right and discretion to keep information private that was given to them in...
View ArticleCan You “Triangulate” for ESI? Not without the Other Party’s Permission.
On October 4th of 2013, the Northern District of California issued a tentative ruling in a discovery dispute where the Defendant had “triangulated” its employees to identify who would possess relative...
View ArticleDon’t Want Sactions? Don’t Fail to Disclose!
Time and time again we learn that honesty really is the best policy. Rather than cooperate with adversaries, more often than not attorneys continue to fight and prolong the tedious discovery process....
View ArticleCan a Court Compel Discovery about Discovery?
Collaboration and clarity are now the keys to success; well, at least the keys for a successful discovery. If a party fails to provide relevant and clear information about how the discovery request was...
View ArticleHave a Reasonable Document Retention Policy? Then Follow it!
After finding out certain relevant e-mails had been deleted, PSC immediately motioned to compel discovery and impose sanctions on BIPI. The deleted e-mails were particularly relevant because they...
View ArticleGulf of Mexico Not all that was Spoliated as a Consequence of the Deepwater...
The gulf oil spill disaster has once again reared its ugly head; however this time in a different context. In the corporate world, executives may believe that establishing a policy and informing...
View ArticleNo Sanctions for Spoliation?
For all of you bosses, managers, or CEOs out there: Are you thinking about firing that one employee? You know, the one that is always late, slacks on his work, and makes mistake after mistake? You may...
View ArticleWant ESI? Be specific.
A meaty battle: American Home Insurance and Cargill Meat Solutions (“Cargill”) sued Greater Omaha Packing (GOPAC) for allegedly selling contaminated beef—a dispute that quickly turned into a discovery...
View ArticleCop Out? Government Can’t Withhold Metadata of a Police Report When it...
Arresting officers that have a history of alleged misconduct (e.g., excessive force, indifference to arrestee’s medical distress) may not be the perfect tool with which to construct a good criminal...
View ArticleCourt Hesitant to Impose Discovery Sanctions Despite Defendant’s Delay and...
If I told you that your company delayed for nearly seven months to produce electronic documents critical to a pending lawsuit, you would think the judge presiding over your case may be a bit perturbed,...
View ArticleDefendant’s Shortcomings in Discovery Result in Sanctions
The plaintiff, Tony B. Clay, brought claims for employment discrimination and retaliation based on race under Title VII against Consol Pennsylvania Coal Company (“Consol”). The electronically stored...
View ArticleJudge Sheindlin Hits Spoliating Plaintiff with Adverse Inference Instruction
In Sekisui Am. Corp. v. Hart, District Court Judge Shira Sheindlin reversed a decision of the lower court and imposed sanctions against a plaintiff for its willful spoliation of electronically stored...
View ArticleColorado Supreme Court Remands Finding That Trial Court Didn’t Do Their Job...
How involved does a district court have to be in discovery issues? This is the main issue that the Colorado Supreme Court tackled in this case. The Court drew a firm line and interpretation on one of...
View ArticleeDiscovery Expertise: Is Knowing Too Much A Ground For Judicial Recusal?
Just like TNT, the Second Circuit sure knows drama. After years of protracted litigation, the Second Circuit finally put an end to an attempt to recuse a judge for knowing too much about eDiscovery...
View ArticleComply With Discovery, Or Pay The Price
While the practice of law, by nature, involves two parties facing off, there is no reason to make the job more difficult than it needs to be. The rules that govern court proceedings are in place to...
View ArticleMovin’ On Over: Shifting Burdens and Costs
The defendants in Conn. Gen. Life Ins. Co. v. Scheib objected to five of the plaintiff’s Requests for Production of Documents (“RFPs”) because they would be unduly burdensome to produce. Thus, the...
View ArticleDoes a Litigation Hold Require the Preservation of Employee Text Messages?...
Big things can often come in small packages, especially in the field of eDiscovery. In Christou v. Beatport, LLC, the defendants learned that something as small as a text message on a lost cell phone...
View ArticleDefendant’s “Hands-Off” Approach Insufficient; Sanctions Ordered
In this case, Peerless Industries, Inc. sued defendants Crimson AV, LLC claiming patent infringement and design patent infringement arising out of defendant’s manufacture and sale of certain TV...
View ArticleGreater Rights in Contract Mean Greater Obligations in Discovery
In Haskins v. First Am. Title Ins. Co., the court was asked whether a title insurance company (the “Insurer”) is in “control” of documents that are in not in the Insurer’s possession, but where the...
View ArticleEmployers—Got Resumes? Don’t Toss Them Just Yet
Plaintiff Erick Zayas joined with the Equal Employment Opportunity Commission (EEOC) to sue Ventura Corp. for employment discrimination on the basis of sex in 2007. In essence, Zavas complained that...
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