Blogs about: Spoliation
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Case Blurb: Santana; Awarding of Attorney’s Fees Under FRCP 37(a)(5)
Rule 37(a)(5) provides that if a court grants a motion to compel discovery “– or if the disclosure or requested discovery is provided after the motion was filed — the court must . .… more →
Post Process
The (not so) Lost Art of Dropping the Ball...
wrote 1 week ago: Students of eDiscovery case law (at least in the United States) are quick to identify the motifs tha … more →
Forensically Incorrect! O.J. Simpson and the Palace Station Audio Tapes
wrote 2 weeks ago: Should O.J. Simpson be granted a new trial? Habeas Hard Drive is happy to leave the legal commentary … more →
Regulator Fines Financial Services Company $9 Million for Email Spoliation...
wrote 3 weeks ago: The Financial Industry Regulatory Authority (“FINRA”) announced last week that it had le … more →
Evidence destruction leads to ruling U.S. was negligent
wrote 1 month ago: Under the civil rules of procedure, a sanction for the destruction of evidence would include an adve … more →
Text messages are discoverable
wrote 1 month ago: The E-Discovery Beat blog takes a look at a recent case which highlights the importance of preservin … more →
How to Get A Judge to Say "Stern Measures Are Called For"
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wrote 1 month ago: How do you know there is a duty to preserve? When two managing officers involved in the termination … more →
What is a spoliation? A relic of Roman canon law, alive and well in SA in 2013
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wrote 2 months ago: A spoliation is any wrongful deprivation of another’s right of possession. It can include various ac … more →
Deactivating Your Facebook While in Litigation May Be Destruction of Evidence
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wrote 2 months ago: TAKEAWAY: Deactivating your Facebook account while in litigation may be destroying evidence that cou … more →
Facebook Accounts and Spoliation
wrote 2 months ago: Happy Monday! This link is a very interesting read. For those who would rather read my words than th … more →
Dating websites: Getting better digital evidence, and more of it
wrote 3 months ago: We were not surprised to see this item from the American Academy of Matrimonial Lawyers, with the re … more →
Zubulake revisited: Shifting standards in e-discovery
wrote 4 months ago: InsideCounsel has a very insightful article regarding the changes in Zubulake. As previously addres … more →
The Find a Litigation Hold App on An iPhone
wrote 4 months ago: In a dispute involving claims of monopolistic violations regarding booking A-list DJ’s at nightclubs … more →
Audio Recording Sanction Blues
wrote 5 months ago: Many eDiscovery attorneys associate Chicago with 1) the Blues Brothers and 2) Magistrate Judge Nan N … more →
Defensible Disposal means never being accused of spoliation for hosting “Shred Days”
wrote 8 months ago: U.S District Judge Ronald Whyte in San Jose reversed his own prior ruling from a 2009 case where he … more →
Defensible Disposal means never being accused of spoliation for hosting “Shred Days”
wrote 8 months ago: U.S District Judge Ronald Whyte in San Jose reversed his own prior ruling from a 2009 case where he … more →
D. Minn Court Holds Defendant in Contempt (ESI)
wrote 8 months ago: Multifeeder Tech. Inc. v. British Confectionery Co. Ltd., No. 09-1090 (JRT/TNL), 2012 WL 4135848 (D. … more →
20/20 on 2020: Predictions for the Future of Social Media and the Law
wrote 9 months ago: By David Kluft, Peter Lefkowitz, Martha Mazzone, Zick Rubin and Tom Hemnes The Profession This Decem … more →
Upcoming AIIM Webinar on Information Governance...
wrote 9 months ago: ForensicUpdate editor will lead a presentation in late September on “Information Governance in … more →
