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How Will Proposed Changes to Federal e-Discover Rules Affect Your Practice?

The Federal Rules of Civil Procedure (Rules) may change the case management, scope, and sanctions related to e-discovery in federal courts, starting in late 2015. Proposed changes seek to encourage early and active case management, ensure proportionality in e-discovery, and advance

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Posted in Articles, cooperation, eDiscovery, Federal, management, preservation, Procedure, proportionality, Public, rules, Sanctions

Simple Mistakes Lead to Discovery Sanctions Against Delta Air Lines

             Judge Timothy C. Batten, Sr., of the District Court for the Northern District of Georgia, imposed discovery sanctions against Delta Air Lines after it failed to disclose documents contained in backup tapes and hard drives that had been inadvertently

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Posted in Articles, attorney's fees, discovery request, disovery sanctions, ediscovery misconduct, production, rule 37, Sanctions, unproduced documents

All’s “Well” for Halliburton: No Sanctions Result from BP’s Spoliation Claims

United States District Judge Carl Barbier recently affirmed Magistrate Judge Sally Shushan’s denial of BP’s motion for spoliation sanctions against Halliburton Energy Services, Inc. BP alleged that Halliburton “intentionally destroyed evidence” and “violated the Court’s orders regarding the production of documents.” For

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Posted in Adverse, Articles, attorneys', cooperation, faith, fees, Sanctions, spoliation

Document Preservation: Spoliation and the “Ultimate Sanction”

The proper preservation of electronic data for discovery has become an increasing source of contention between parties. Two recent cases illustrate the importance of mindfully preserving electronic data during discovery.  In Gentex Corp. v. Sutter, No. 3:07-CV-1269, 2011 U.S. Dist. LEXIS

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Posted in Articles, default, evidence, preservation, Sanctions, spoliation

Ensuring Discovery Compliance: Sanctions Relating to Past, Present, and Future Adverse Parties

Monetary sanctions, attorneys fees, and adverse inference jury instructions are the more common type of sanctions imposed on litigants for the spoliation of evidence, or not producing relevant documents. Recently, however, a court has increased the severity and impact of

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Posted in Articles, e-discovery compliance, litigation hold, Sanctions, spoliation

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

Early Dismissal: The Plaintiff’s Destruction of Computer Files Leads to Dismissal as a Sanction

Although the imposition of sanctions for misconduct involving electronic discovery continues to gain momentum, it is still rare that courts turn to the ultimate sanction: the dismissal of a lawsuit. One plaintiff in an Illinois tort case left the court with

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Posted in destroy, dismiss, files, preservation, Sanctions, spoliation

Expensive Ignorance: Counsel and Client Hit with Sanctions for Failing to Understand Client’s Email Storage Methods

  Undeniably, the nature of electronic communications and electronic data retention has dramatically increased the scope and complexity of discovery.  However, it has also made it increasingly simple for opposing parties to identify spoliation and non-compliance with discovery orders.  More

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
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