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Judge in ‘Girls Gone Wild’ Case Requests ‘All Relevant Video Footage’
An amusing headline in the Girls Gone Wild case from the ABA Journal. U.S. District Judge Richard Smoak wrote in his order (PDF provided by the News Herald) that “because defendants’ motion largely...
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Anatomy of an Adverse Inference
In the investor related action, Pension Comm. of the Univ. of Montreal Pension Plan v. Banc of Am. Secs, No. CIV. 05-9016, 2010 U.S. Dist. LEXIS 1839 (S.D.N.Y. Jan. 11, 2010) the defendants, who were...
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A Proper Legal Hold Requires More Than Just an Email to a Few Employees
In the recent case; Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010), one of the discovery points made in the decision was what is the appropriate legal hold process to...
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Putting some real teeth in eDiscovery sanctions will drive effective...
Ok, I know there is a push back from the legal industry in reference to the problem of the cost of discovery. Yes, companies create, use, receive and delete huge amounts of electronic information on a...
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Custodial Self-Discovery and Common Sense
The eDiscoveryJournal, recently ran an article about desktop collection for eDiscovery and mentioned the case of Roffe v Eagle Rock, a case involving custodial self-discovery and expectations from the...
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Are Custodial Self-Discovery and Preserving ESI in place a good idea?
A majority of organizations still rely of the practice of instructing custodians to search for and protect potentially responsive ESI locally or “preserve it in place”. In its 7th Annual Litigation...
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Are Custodial Self-Discovery and Preserving ESI in Place Good for You?
A majority of organizations still follow the traditional practice of instructing custodians—that is, employees–to search for and protect potentially responsive electronically stored information (ESI)...
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The duty to preserve ESI is not always cut and dried
The amendments to the Federal Rules of Civil Procedure (FRCP) describe the duty to preserve potential evidence when litigation can be reasonably anticipated. The term “reasonably anticipated” is a key...
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Will Spoliation Insurance Change How Judges Rule?
On Dec.2 2010, the Lexington Insurance Company started selling a new product–spoliation insurance. No, spoliation is not misspelled, and no, it’s not a witty descriptor for what’s likely to happen...
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