-
Court Finds Culpable Mind in Defense Spoliation of Plaintiff eDiscovery
So which side comes out on top for Day v. LSI Corporation, 2012 WL 6674434 (Dec. 20, 2012 D. Ariz.)? Monday’s blog detailed the specific categories of electronic data discovery that plaintiff alleges to be missing from the defense production, and on Wednesday, we reviewed the defenses to the allegations
-
Defense Strikes Back to Plaintiff eDiscovery Allegations of Spoliation
Our last blog listed the categories of electronic data discovery plaintiff alleges to be inadequate in the employment discrimination case Day v. LSI Corporation, 2012 WL 6674434 (Dec. 20, 2012 D. Ariz.). The main spoliation allegations were that the defendant failed to issue a timely litigation hold, failed to produce
-
Plaintiff eDiscovery and Spoliation Questions in Employment Discrimination
In Day v. LSI Corporation, 2012 WL 6674434 (Dec. 20, 2012 D. Ariz.), plaintiff filed an employment lawsuit against the defendant-employee. In October 2010, plaintiff was let go and he sent an informal, internal complaint alleging racial discrimination and a claim for stock options that were allegedly granted but revoked.
-
Counting Down the Top Plaintiff eDiscovery Cases of 2012
It has been an interesting year for plaintiff eDiscovery experts who monitor new developments in electronic discovery law throughout the country. While some of these cases are good for plaintiffs and others less so, in each situation, additional legal issues arise as modern eDiscovery jurisprudence continues to evolve. Top 2012
-
Judge Scheindlin Discusses ESI Production at 2012 eDiscovery Institute
U.S. District Court Judge Shira A. Scheindlin recently spoke at the 2012 Georgetown eDiscovery Institute, where the topic was “First Do No Harm: Preserving and Admitting Foreign ESI.” Judge Scheindlin’s penning of five Zubulake electronic discovery opinions in one of the first major plaintiff eDiscovery cases in the country makes
-
DOJ’s Untimely Litigation Hold Results in Inadequate ESI Production and Sanctions
In the recent case of U.S. ex rel. Baker v. Community Health Systems, Inc., 2012 WL 5387069 (D.N.M. Oct 3, 2012), the U. S. Department of Justice (DOJ) alleged the defendant engaged in Medicaid fraud. In a motion for sanctions, defendant alleged that the DOJ’s litigation holds were untimely and
-
Remanded Rambus eDiscovery Case Finds Bad Faith Spoliation
A ruling in the remanded case of Hynix Semiconductor Inc. v. Ranbus, Inc. Case No. C-00-20905 (NDCA Sept. 21, 2012) came down last week after it was sent back to the district court by the Federal Circuit, which found the lower court “applied too narrow a standard of foreseeability” regarding
-
Electronic Discovery and Incarceration: An Extreme Sanction for An Extreme Case
This blog’s alternate title is the eDiscovery Gang that Couldn’t Spoliate Straight, as both vivid lines are lifted straight from the court’s opinion in Victor Stanley Inc. v. Creative Pipe, Inc. et al., No. MJG-06-2662 (D.C.M.D. 2010). The defendant in this case engaged in what may be the most egregious
-
Samsung Chokes on Apple After Email Spoliation
Defendant Samsung had a rough week in court. Apple had sued Samsung for patent infringement, and the defendant was ill-equipped for electronic data discovery. This led to a breach of its duty to preserve evidence and might have contributed to the $1 billion verdict entered against it by a jury
-
Electronic Discovery Shines a Bright Light on Defendant Misconduct
Our blog frequently writes about preservation of evidence and how corporate defendants are getting into hot water when their litigation hold policies fall short. As more corporations move to full electronic data over paper documentation, it will become harder to hide, destroy or fail to produce relevant evidence. This is