News & Analysis as of

Spoliation

Miller Starr Regalia

Delay Denied: First District Affirms Trial Court’s Denial of Seventh ADA Continuance Request Made In CEQA Case Under California...

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Lawyers, like all humans, experience the full gamut of life’s difficulties.  Sometimes those intrude into the practice of law itself, up to and including CEQA litigation.  On September 26, 2024, the First District Court of...more

Array

This Week in eDiscovery: Litigation Holds and Supplemental Searches

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of October 14-20. Here’s what’s...more

Association of Certified E-Discovery...

How the Failure to Preserve Led to Production of the Legal Hold Notice

In EEOC v. Formel D USA, Inc. (September 12, 2024), the U.S. District Court’s ruling underscored a critical lesson for litigators: failure to preserve electronically stored information (ESI) can lead to severe sanctions,...more

EDRM - Electronic Discovery Reference Model

September’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published September 25, 2024, and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those...more

Array

This Week in eDiscovery: Case Studies on Reasonable Preservation and Hyperlinked Documents

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of September 16-22. Here’s what’s...more

BakerHostetler

Antitrust Sanctions: The Duty to Preserve Chats

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On August 5, 2024, District Judge Amit P. Mehta (U.S. District Court, District of Columbia) ruled in United States v. Google LLC that Google violated §2 of the Sherman Act by monopolizing the internet search engine market....more

Locke Lord LLP

Spoliation: When the Duty to Preserve Data Outweighs the Obligation to Delete

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Implementing and enforcing appropriate legal holds is essential to preventing the destruction of data related to current or anticipated litigation and avoiding inadvertent spoliation claims. Depending on the nature of the...more

Array

This Week in eDiscovery: The Need to Preserve Passwords, New Challenges Over Legal Hold Notices and Privilege

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of July 22-28. Here’s what’s...more

Pagefreezer

Spoliation, Sanctions, and Staying Social Media Savvy

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Social media has changed the way we share ideas, the way we get our news, the way we make purchases, and the way we conceptualize ourselves and our community. It has changed the way we keep in touch with our friends and...more

Association of Certified E-Discovery...

Legal Hold Privilege in Jeopardy: What a Preliminary Showing of Spoliation Means for Your Case

In the ever-evolving landscape of eDiscovery, the privilege surrounding legal hold notices is increasingly being scrutinized. A recent decision in FTC v. Amazon.com, Inc. (July 9, 2024) brings this issue to the forefront,...more

EDRM - Electronic Discovery Reference Model

July’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published July 24, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

Association of Certified E-Discovery...

How the Failure to Preserve Data from a Mobile Device Can Drastically Affect Trial Strategy

The importance of early planning and thorough preservation of electronic data cannot be overstated, especially when it comes to litigation. In a recent case, Two Canoes LLC v. Addian Inc. (April 30, 2024), the failure to...more

Association of Certified E-Discovery...

Spoliation Sanctions & Summary Judgment Denial: A Wake-Up Call for Mobile Device Preservation

A recent decision in ediscovery case law, Maziar v. City of Atlanta from June 10, 2024, underscores the crucial importance of early preservation, particularly regarding text messages from mobile devices. This case, presided...more

TransPerfect Legal

3 Takeaways from Amazon and Google: Preservation Challenges in Antitrust Cases in the Age of Ephemeral Messaging

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In the fast-paced world of digital communication, the legal landscape is constantly evolving. Recent cases involving tech giants Google and Amazon have brought to light critical issues surrounding data spoliation and...more

Hogan Lovells

Goldstein v. Denner: Delaware Court of Chancery imposes sanctions for spoliation of evidence

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In Goldstein v. Denner, the Delaware Court of Chancery imposed sanctions pursuant to Court of Chancery Rule 37(e) in light of the defendants’ failure to preserve text messages. The court found that the defendants acted at...more

Proskauer - Minding Your Business

The App Store Wars: An “Epic” Loss for Google Takes Shape

Although Google fought tooth and nail against it, a win for an underdog video game developer means the Google Play Store could likely soon look a lot different for Android users. Google met its match in December when Epic...more

EDRM - Electronic Discovery Reference Model

May’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published May 15, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

Goldberg Segalla

Court Denies Railway Company’s Renewed Motion for Spoliation; Agrees to Bifurcate Trial

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Court: United States District Court for the District of Montana, Great Falls Division In connection to defendant Burlington Northern Santa Fe Railway Company’s ongoing litigation in Libby, Montana (covered extensively by the...more

Kilpatrick

When The Timing of Your Spoliation Motion Can Be As Important As Its Substance

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A motion for an adverse inference was denied in Pratt v. Robbins, et al., 2024 WL 234730, Case No. 5:20-cv-170-GCM (W.D. N.C. Jan. 22, 2024) where Defendants failed to preserve or produce a video that might have contained...more

EDRM - Electronic Discovery Reference Model

April’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published April 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

Array

This Week in eDiscovery: Ruling on Intentional vs. Inadvertent Privilege Disclosures, Royal Family Photo Puts Metadata in the News

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of March 11-17. Here’s what’s...more

Morris James LLP

Spoliation of Email and Texts Leads to Adverse Inferences and Fee Shifting

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Gener8 LLC v. Castanon, 2022-0246-LWW (Del. Ch. Sept. 29, 2023) - This dispute concerned a non-compete agreement that the plaintiffs alleged the defendant breached by establishing a competing business. The defendant denied...more

Mitratech Holdings, Inc

[Webinar] Legal Hold in Action: Real-World Tips and Best Practices - January 25th, 9:00 am - 10:00 am PST

Safeguarding against evidence spoliation ahead of litigations, audits, or investigations is a lot easier when you have a timely, defensible legal hold process. In this conversation, take a look at how to achieve this by...more

Dechert LLP

Historic Jury Verdict Finds Google Monopolized Google Play Store and Google Play Billing

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A jury in the Northern District of California in Epic Games, Inc. v. Google LLP found that Google maintained an unlawful monopoly of the Google Play app store and Google Play Billing service in violation of Sections 1 and 2...more

White and Williams LLP

Don’t Spoil Me: Oklahoma District Court Rules Against Spoliation Sanctions

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In Okla. Farm Bureau Mut. Ins. Co. v. Omega Flex, Inc., No. CIV-22-18-D, 2023 U.S. Dist. LEXIS 197755, the United States District Court for the Western District of Oklahoma (the District Court) determined spoliation sanctions...more

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