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Severe eDiscovery Misconduct: Possible Jail Time for Civil Contempt

“Among the sanctions that this memorandum imposes is a finding, pursuant to Fed. R. Civ. P. 37 (b) (2) (A)(vii), that Pappas’s pervasive and willful violation of serial Court orders to preserve and produce ESI evidence be treated as contempt

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Posted in contempt, CPI, ediscovery misconduct, Sanctions, spoliation, stanley, victor, VSI

The Careful eDiscovery Balance: Cost vs. Thoroughness

  A recent case out of Southern District of New York demonstrates the “perils of failing to strike the proper balance” between thoroughness and cost in analyzing data sets for relevant documents. In Harkabi v. SanDisk Corporation, 2010 U.S. Dist.

Posted in Sanctions

Citing its Inherent Authority to Sanction, Court Grants Motion for Sanctions Against Non-Party

It is pretty rare for a court to sanction a non-party, but in Amerisource Corp. v. Rx USA Int’l Inc., et al.,2010 U.S. Dist. LEXIS 67108 (July 6. 2010), that is exactly what the Eastern District of New York decided

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Posted in Amerisource v. RxUSA, eDiscovery, FRCP 37, non-party sanctions, Sanctions

Cloud Computing: A Brief Overview

In the eDiscovery context, there are quite a few unusual terms thrown around: “Web 2.0,” “De-Duplicating,” “Non-native data” to name but a few. One concept that has been blogged about for years, but is still relatively confusing is “Cloud Computing.”

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Posted in Articles, eDiscovery, electronically stored information

Be Careful What You Bargain For…

 Joshua Gilliland at Bow-Tie Law’s Blog  recently posted a concise and thought provoking blog post on a form of production case. In re Bisphenol a Polycarbonate Plastic Prods. Liab. Litig., 2010 U.S. Dist. LEXIS 52444 (W.D. Mo. May 26, 2010).

Posted in Articles

Breaking News: Update to Pension Committee Opinion

On May 28, 2010, Judge Scheindlin entered an order making a second amendment to the Pension Committee decision. The changes as described in the order are as follows: The Amended Opinion and Order filed January 15, 2010 is hereby corrected

Posted in Articles

Obstruction of the Discovery Process: Understanding Email

  A recent case out of the Southern District of New York has created a bit of buzz on the blogs. In In re A&M Fla. Props. II, LLC, 2010 WL 1418861 (Bankr. S.D.N.Y. Apr. 7, 2010), Chief Bankruptcy Judge

Posted in Sanctions

A Counterpoint to the Pension Committee Decision

In a landmark opinion by Judge Lee H. Rosenthal, the court in Rimkus Consulting Group, Inc. v. Cammarata, 2010 WL 645253 (S.D. Tex. Feb. 19, 2010) (opinion) ordered an adverse inference instruction against a group of defendants for intentional spoliation of evidence. The

Posted in Uncategorized

Can you Pass the eDiscovery Active Management Test?

No? Well, you might want to prepare yourself for sanctions. In a recent eDiscovery presentation,  John Jessen,  a chairman of the Sedona Conference executive committee,  hit on the importance of Active Management. Mr. Jessen expressed that  there is a growing

Posted in Sanctions
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