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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

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

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
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