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Another Day, Another Example of Spoliation in ESI Defense Productions
As this blog has noted before, instances of electronic data spoliation are becoming ever increasing events in high-stakes class action lawsuits, multi-district litigation and business litigation. While the motives may vary, in many situations, the missing evidence to be construed against them may be more damaging than the existing evidence itself. The
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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
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Chipotle Shareholders Seek to Grill Directors in Class Action Lawsuits
A number of class action lawsuits have recently been filed by shareholders of Chipotle Mexican Grill (CMG), alleging, among others, breaches of fiduciary duties. The allegations against the directors and management include issuing false and misleading information as well as insider trading of stock that took place between February and April
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Supreme Court to Review Damage Stipulations and the Class Action Fairness Act
The Supreme Court may make a decision that will greatly affect class action lawsuits and plaintiffs across the nation when it hears the case Standard Fire Insurance v. Knowles, No. 11-1450. In Knowles, plaintiffs filed a state court class action for breach of contract against the defendant insurance company. The
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The Scope of Social Media in Plaintiff ESI Production
Litigants and courts struggle to define the scope of electronic data discovery, as well as the logistics of how to physically produce the electronically stored information. The newest scope and logistical challenges for ESI now lies in social media content. In EEOC v. Simply Storage Management, LLC Case No. 1:09-cv-1223-WTL-DML
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D.C. Bar Green Lights eDiscovery Services in Ethics Opinion
The production of electronically stored information (ESI) in litigation has boomed in the last decade, mainly due to the slow but steady global switch from paper documentation to electronic data. As ESI is now part of almost every class action lawsuit and multidistrict litigation case, the courts and bar associations
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Supreme Court’s Differing Interpretations of “Interpreter”
Recently, the U.S. Supreme Court issued its opinion in Taniguchi v. Kan Pacific Saipan, Ltd., 566 U. S. ____ (2012). Taniguchi had brought a personal injury claim against the defendant in a federal district court in the Marina Islands. As part of discovery, defendant Kan Pacific paid for the written