Litigation Holds

ILS Team
September 7, 2020

Court Orders Litigation Hold Notice To Be Produced

In Radiation Oncology Servs. of Cent. N.Y., P.C. v Our Lady of Lourdes Mem. Hosp., Inc., EF15-462 (June 9, 2020 NY Supreme Court, Cortland County), Plaintiff’s motion for production of litigation hold was granted after making a preliminary showing of spoliation. The case arose from a dispute between the Plaintiff physician and Defendant hospital after

ILS Team
August 3, 2020

Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages

In Beverly John v. County of Lake, 18-cv-06935-WHA(SK) (N.D. Cal. Jul. 3, 2020), the Magistrate Judge recommended that the District Court provide adverse inference jury instructions to the jury based upon a finding that Defendants and their counsel spoliated evidence. The Magistrate Judge also determined that monetary sanctions were appropriate. This case arose from Plaintiffs’

ilsteam
January 2, 2019

Court Chides Defendant for Allowing Deletion of Key Instant Messages

In Franklin v. Howard Brown Health Ctr., Case No. 17 C 8376 (N.D. Ill. October 4, 2018), a workplace harassment and discrimination case, the United States District Court for the Northern District of Illinois recommended that Plaintiff’s motion for discovery sanctions be granted to the extent that the “parties be allowed to present evidence and

ilsteam
July 5, 2017

Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence

Wiedeman v. Canal Insurance Company et. al., Case No. 15-4182 (N.D. Ga., June 9, 2017) arises out of a truck accident between Plaintiff and Defendant Walter Dorn, a truck driver and employee of Defendant H & F Transfer. The truck was leased from non-party Salem Leasing. On the day of the collision, the investigating police

admin
June 23, 2017

No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold

Eshelman v. Puma Biotechnology, Inc., Case No. 16-00018 (E.D. N.C., June 7, 2017) is a libel suit related to an allegedly defamatory investor presentation. Plaintiff was an investor in Defendant, a biopharmaceutical company. Plaintiff owns a pharmaceutical research organization called PPD, which contracted with Aventis Pharmaceuticals to provide clinical research services during a clinical trial

admin
May 24, 2017

The Choice is Yours: ESI Production Under FRCP 34

Federal Rule of Civil Procedure 34(b)(2)(E) is all about choice: a party can choose to produce electronically stored information (ESI) in the usual course of business, or it can be organized and labeled to respond to the corresponding discovery requests. A seemingly-simple rule, FRCP 34 is often cited as the source of discovery disputes. A

admin
May 10, 2017

What are the Most Common Objections to Search Terms?

Plan Ahead for Challenges Due to Relevance and Overbreadth The initial list of search terms to be used to cull and produce hot documents from electronically stored information (ESI) is a critical stage of the eDiscovery process. Every case will be unique, and there is no “one size fits all” approach for search terms. However,

admin
April 17, 2017

Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive

In TLS Management and Marketing Services, LLC v. Rodriguez-Toledo, et. al., Case No. 15-2121 (D. P.R., Mar. 27, 2017), Plaintiff sued Defendants for violations of the Electronic Communications Privacy Act and various Puerto Rico statutes. Defendant Rodriguez-Toledo is a former employee of Plaintiff who allegedly, with the other defendants, stole clients from Plaintiff and also

admin
February 24, 2017

Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion

Text messages in electronic discovery are more important than ever in almost all civil litigations. Even more so than email, texts tend to be casual and candid in content, and may not be as carefully considered prior to transmission. This quality makes text messages a particularly prime source of potential relevant evidence in many cases

admin
February 17, 2017

Spoliation Motion Denied in Misappropriation of Trade Secrets Case

In HCC Insurance Holdings, Inc. v. Flowers, et. al., Case No. 15-3262 (N.D. Ga., Jan. 30, 2017), Plaintiff sued Defendants alleging that Defendant Flowers and Defendant Remeika resigned from a non-party subsidiary of Plaintiff, HCC, and appropriated Plaintiff’s trade secrets for use in their new company, Defendant CRU. Plaintiff filed the suit on September 16,