Litgation Hold – Too Little Too Late.

25 Thursday Feb 2016

Posted by Celia C. Elwell, RP in Cell Phones, Discovery, E-Discovery, Emails, Emails, Legal Technology, Litigation Hold, Municipal Law, Open Records Act, Preservation, Requests for Production, Sanctions

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Doug Law, E-Discovery, eDiscovery daily Blog, Emails, Litigation Hold, Police, Sanctions, Text Messages

Our Nation’s Largest City is Not Immune to eDiscovery Sanctions: eDiscovery Case Law, by Doug Law, eDiscovery daily Blog

http://bit.ly/1Rqmnc0

In Stinson v. City of New York, 10 Civ. 4228 (RWS) (S.D.N.Y. Jan. 2, 2016), New York District Judge Robert W. Sweet granted in part and denied in part the plaintiffs’ motion seeking sanctions for spoliation of evidence against the defendants for failure to issue a litigation hold, opting for a permissive inference rather than a mandatory adverse inference sanction against the defendants .

Case Background

In this civil rights class action against the City of New York, it was determined that the City did not issue any litigation hold until August 8, 2013, more than three years after the filing of the Complaint in this case and the litigation hold was not effectively communicated, and none of the officers who were named in the City’s initial disclosures acknowledged receiving it. . . .

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Angry Judge Sanctions Defendants For E-Discovery Spoilation.

19 Tuesday May 2015

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Preservation, Sanctions

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Data Preservation, Discovery, Doug Austin, E-Discovery, e-Discoverydaily Blog, Motion to Compel, Spoilation

Tired of the “Crap”, Court Sanctions Investors and Lawyers for Several Instances of Spoliation, by Doug Austin, eDiscoverydaily Blog

http://tinyurl.com/k3d74yu

In Clear-View Technologies, Inc., v. Rasnick et al, 5:13-cv-02744-BLF (N.D. Cal. May 13, 2015), California Magistrate Judge Paul S. Grewal sanctioned the defendants $212,320 and also granted a permissive adverse jury instruction that allows the presumption that the defendants’ spoliated documents due to a series of ‘transgressions’ by the defendants and their prior counsel.

You’ve got to love an order that begins this way:

‘Deployment of ‘Crap Cleaner’ software—with a motion to compel pending. Lost media with relevant documents. False certification that document production was complete. Failure to take any steps to preserve or collect relevant documents for two years after discussing this very suit. Any one of these transgressions by {the defendants} and their prior counsel might justify sanctions. Taken together, there can be no doubt.’ . . .

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How Not To Do E-Discovery.

15 Tuesday Apr 2014

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Litigation Hold, Preservation, Sanctions

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Back up tapes, E-Discovery, e-Discovery Team®, E-Mail, Evidence, Failure to Preserve, Ralph Losey, Sanctions

Fears and Loathing (and Pain) in Seattle: a Case Lesson in How NOT to Preserve and Produce Email – Part One, by Ralph Losey, e-Discovery Team®

http://tinyurl.com/l8ujksu

If e-discovery is part of your life, you need to read this blog. Ralph Losey is not the only expert showcased here, but he is definitely one of the best. E-discovery is an area of law that is constantly evolving. If you do not work in it frequently, it is easy to get lost. Blogs such as these will help. -CCE

A recent case in Seattle provides a text-book example of how not to do e-discovery. It concludes with a sanctions order against the defendant, and the defendant’s law firm, Payne & Fears LLP. The law firm was fined $10,000, payable to the court, due to the conduct of two of its attorneys. The defendant, Corinthian Colleges, was fined another $25,000. Knickerbocker v Corinthian Colleges, Case No. C12-1142JLR, (WDWA, April 7, 2014). . . .

If Your Copier Has A Hard Drive, Is Its Stored Data Susceptible to E-Discovery?

09 Sunday Mar 2014

Posted by Celia C. Elwell, RP in Confidentiality, Databases, Discovery, E-Discovery, Law Office Management, Legal Ethics, Legal Technology, Litigation Hold, Metadata, Native Format, Office Procedures, Preservation, Sanctions, Technology

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Adolph J. Levy, Copiers, Digital Devices, Discovery, Document Retention, E-Discovery, Fax Machines, Hard Drives, Out-Of-The-Box Lawyering Blog, Requests for Production

Be Aware: Copying Machines Can Have Hard Drives And Store Copies – That’s Potential Out-Of-The-Box Discovery, by Adolph J. Levy, Out-Of-The-Box Lawyering Blog

http://tinyurl.com/mmpkd5h

Did you know that some copying machines have hard drives and store digital copies of the copies they have made? Or that the hard drives could even contain 25,000 copies that have been made? Copier + Hard Drive: A Dangerous Combination.

Lawyers are used to discovering e-mail, but now what about using discovery to find copies that a opposing party made over time? Wouldn’t you like to be at your opponent’s office and see the originals of all the copies that were being made?

Well, now, fortunately — or unfortunately — you might be able to. . . .

E-Discovery Federal Rule Amendments and More.

06 Thursday Mar 2014

Posted by Celia C. Elwell, RP in Bankruptcy Law, Case Law, Court Rules, Discovery, E-Discovery, Federal District Court Rules, Federal Law, Litigation, Mandatory Law, Metadata, Preservation, Primary Law, Regulations, Research, Sanctions, State Law, Statutes, Technology, The Sedona Conference, Trial Tips and Techniques

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Bankruptcy Law, Case Summaries, E-Discovery, K&L Gates, Legal Research, Local Rules, Sedona Conference, State Court E-Discovery Rules

Category Archives: FEDERAL RULES AMENDMENTS, by Electronic Discovery, K&L Gates

http://www.ediscoverylaw.com/articles/federal-rules-amendments/

Notice and analysis of electronic discovery federal rule amendments. You can count on this website to be updated promptly and the information and analysis is accurate. Free subscription by RSS feed.

While you are there, it is worth your time to browse the variety of information published by K&L Gates. They are experts on e-discovery. You will find, among other things:

E-Discovery Case Database <http://www.ediscoverylaw.com/e-discovery-case-database/>;
State Court Rules on E-Discovery <http://www.ediscoverylaw.com/state-district-court-rules/>; and
Case Summaries <http://www.ediscoverylaw.com/articles/case-summaries/>; and
Resources <http://www.ediscoverylaw.com/articles/resources/>.

Just poke around. I do not think you will be disappointed. -CCE

Excellent Case on Document Retention Policies and Litigation Holds.

26 Sunday Jan 2014

Posted by Celia C. Elwell, RP in E-Discovery, Hearsay, Judges, Legal Technology, Litigation, Litigation Hold, Preservation, Sanctions, Trial Tips and Techniques

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Asbestos Insurance Coverage Litigation, Document Retention Policy, E-Discovery, Hearsay, Judge Paul Grimm, Litigation Hold, Sanctions, State of Mind Execption

No Sanctions for Following Records Retention Policy, by Joshua Gilliland, Esq., Bow Tie’s Law Blog

http://tinyurl.com/opq4t3t

It is not every day you see lawsuits about insurance policies from 1986 to 1987.

Add Judge Paul Grimm’s powerhouse footnotes and you get a great lesson in document retention policies and litigation holds (plus a great footnote on the state of mind exception to hearsay for all the evidence fans).

Ralph Losey’s Top E-Discovery Case of 2013.

29 Sunday Dec 2013

Posted by Celia C. Elwell, RP in 5th Circuit Court of Appeals, Discovery, E-Discovery, Preservation, Sanctions, Texas Supreme Court

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E-Discovery, e-Discovery Team® Blog, Electronic discovery, ESI, Fifth Circuit Court of Appeals, Preservation, Ralph Losey, Sanctions

Announcing My Top e-Discovery Case of 2013, by Ralph Losey, e-Discovery Team® Blog

http://tinyurl.com/mqrqv3d

The year 2013 has been a relatively lackluster one for e-discovery case law. Then, on November 12, 2013, the Fifth Circuit Court of Appeals rendered a rare appellate order on sanctions and e-discovery abuse.

Counsel Scalded by Federal District Court’s E-Discovery Opinion.

21 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Cell Phones, E-Discovery, Evidence, Federal District Court Rules, Legal Technology, Litigation Hold, Requests for Production, Sanctions, Sanctions, Trial Tips and Techniques

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E-Discovery, Electronic discovery, Gareth Evans, Gibson Dunn, Judge David Herndon, Law Technology News, Mobile Phones, Sanctions, Text Messages, United States District Court for the Southern District of Illinois

Perils of E-Discovery Reflected in Sanctions Opinion, by Gareth Evans, a litigation partner at Gibson Dunn, Law Technology News

http://tinyurl.com/kcksw5v

Lest anyone think that hair-raising e-discovery sanctions opinions are a thing of the past, U.S. District Judge David Herndon of the Southern District of Illinois issued a blistering 51-page opinion (PDF) imposing nearly $1 million in punitive sanctions on the defendants in In re Pradaxa Products Liability Litigation on Dec. 9, 2013, and indicated that more sanctions are almost certainly on the way.

The case is an example of how electronic data discovery generally, and implementing legal holds in particular, can be fraught with peril.

Where Plaintiff Knew Likelihood of Possible Litigation, Magistrate Judge Sanctions Plaintiff for Inexcusable Failure to Issue Litigation Hold.

09 Saturday Nov 2013

Posted by Celia C. Elwell, RP in Contract Law, Discovery, E-Discovery, Litigation Hold, Sanctions, Trial Tips and Techniques

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2nd Circuit Court of Appeals, Discovery, E-Discovery, Legal Hold, Legal Pro Blog, Sam's Club, Sanctions

Plaintiff in Diaper Lawsuit Hit with Adverse Inference to Remedy Spoliation from Failure to Issue Legal Hold, by Legal Pro Blog

http://bit.ly/1hoswqk

The Researching Paralegal

~ Articles and Research for Legal Professionals

Category Archives: Sanctions

Litgation Hold – Too Little Too Late.

Angry Judge Sanctions Defendants For E-Discovery Spoilation.

How Not To Do E-Discovery.

If Your Copier Has A Hard Drive, Is Its Stored Data Susceptible to E-Discovery?

E-Discovery Federal Rule Amendments and More.

Excellent Case on Document Retention Policies and Litigation Holds.

Ralph Losey’s Top E-Discovery Case of 2013.

Counsel Scalded by Federal District Court’s E-Discovery Opinion.

Where Plaintiff Knew Likelihood of Possible Litigation, Magistrate Judge Sanctions Plaintiff for Inexcusable Failure to Issue Litigation Hold.

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