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Blogs about: Spoliationsanctions

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In-House Counsel Sanctioned for Defendant's Failure to Preserve Evidence6 comments

Ralph Losey wrote 3 weeks ago: A recent decision in Orlando imposed sanctions against in-house counsel for failure to preserve evid … more →

Tags: Lawyers Duties

Mathematical Formula for Justice Proves the Importance of ESI in Civil Litigation8 comments

Ralph Losey wrote 2 months ago: I am reluctant to share my unusual analytic approach to law, but am encouraged to do so by the words … more →

Tags: Evidence, Forensic Exam, Lawyers Duties, Metadata, New rules, technology

Plato's Cave: why most lawyers love paper and hate e-discovery and what this means to the future of legal education17 comments

Ralph Losey wrote 3 months ago: The most famous allegory in all of Western Civilization is that of Plato’s Cave. This conceptu … more →

Tags: Lawyers Duties, technology

Most Popular Post of All Time (Summer Rerun): District Court in LA Decides Computer RAM Memory Must Be Preserved and Produced2 comments

Ralph Losey wrote 3 months ago: Originally Published in May 2007, this is the all time most popular e-Discovery Team blog post. A Lo … more →

Tags: technology

Federal Judge in Louisville Imposes Sanctions for Pre-Suit Spoliation6 comments

Ralph Losey wrote 3 months ago: I generally do not like motions for sanctions against a defendant when they are based on alleged des … more →

Tags: Lawyers Duties

The Chimney Sweep Boy and the Goldsmith: the Ancient Origins of the Doctrine of Spoliation5 comments

Ralph Losey wrote 4 months ago: It was the best of times, it was the worst of times. It was the year of Our Lord one thousand seven … more →

The old "Sick Computer," "Pig in a Poke," and "Somnambulist" defenses were tried again recently with no success1 comment

Ralph Losey wrote 4 months ago: Some of the best-known excuses for destroying electronic evidence — the “Sick Computer, … more →

Tags: Lawyers Duties

Inside the Head of a Digital Pirate 3 comments

Ralph Losey wrote 4 months ago: What goes on in the head of a digital pirate who is hauled into court? A recent case in New York giv … more →

Tags: technology

Textbook Case of Discovery Abuse Exposes a Fallacious "Pig in a Poke" Defense2 comments

Ralph Losey wrote 5 months ago: A Senior District Court Judge in Atlanta recently considered sanctions in what he referred to as a t … more →

Tags: Search, Lawyers Duties

The New Tonight Show Starring Browning Marean and Tom O'Connor2 comments

Ralph Losey wrote 5 months ago: The e-discovery version of the Tonight Show with dueling hosts Browning Marean and Thomas J. O … more →

Tags: technology, Search, Lawyers Duties

Part Two: Eight Years of Imminence - Utah Court Mines Safe Harbor Rule 37(e) Into Oblivion6 comments

Ralph Losey wrote 6 months ago: This is a continuation of my last blog on Phillip M. Adams & Associates, L.L.C., v. Dell, Inc.,  … more →

Tags: New rules

Utah Court Mines Safe Harbor Rule 37(e) Into Oblivion - Part One11 comments

Ralph Losey wrote 6 months ago: A new opinion by a Magistrate Judge in Utah on Rule 37(e) FRCP will, unless reversed on appeal to th … more →

Tags: New rules

Part 2: The Grilling by Mary Mack - Angry Ostriches, Judge Scheindlin, Malcolm Gladwell, Jack Nicholson, Pretend Lawyers, Volunteers for America, and a Tad More!8 comments

Ralph Losey wrote 7 months ago: Continuation of my Interview by Mary Mack (see below for Part One).                  The Bray & … more →

Tags: Lawyers Duties, Metadata, New rules, Search, technology

Mary Mack Grills Me on Hash, Nervous Bates Stampers, Trial Lawyers, Angry Ostriches, Tolkien, Judge Scheindlin, Malcolm Gladwell, Jack Nicholson, Pretend Lawyers, Volunteers for America, and Much More!7 comments

Ralph Losey wrote 7 months ago: I was interviewed this week by Mary Mack, the Corporate Technology Counsel for Fios. People that hea … more →

Tags: Lawyers Duties, Metadata, New rules, Related Legal Webs, Search, technology

ABA Announces the Publication of My Second Book1 comment

Ralph Losey wrote 9 months ago: I am excited to tell you about the ABA’s publication of my second book: Introduction to E-Disc … more →

Tags: Evidence, Forensic Exam, Lawyers Duties, Metadata, New rules, Related Legal Webs, Review, Search, technology

Special Masters and the Future of e-Discovery1 comment

Ralph Losey wrote 10 months ago: A new article in the Cardozo Law Review lays the groundwork for greater use of special masters in e- … more →

Tags: Lawyers Duties, New rules

D.C. Appeals Court Affirms Order Requiring a Non-Party to Spend $6 Million, 9% of its Total Annual Budget, to Comply with an e-Discovery Subpoena10 comments

Ralph Losey wrote 10 months ago: Appellate courts do not often weigh in on e-discovery issues, but when they do, it is a big deal. Th … more →

Tags: Lawyers Duties, New rules, Review, Search

2009 Predictions and Trends2 comments

Ralph Losey wrote 10 months ago: Guest Blog by Sonya Sigler, General Counsel and V.P. of Business Development of Cataphora, Inc. When … more →

Tags: New rules, Review, Search

Plaintiff's Mom Ordered to Produce Her Laptop and Flash Drives for Forensic Examination2 comments

Ralph Losey wrote 1 year ago: The plaintiff’s mother in a case in New Orleans, Mary Catherine Hoover, was ordered to produce … more →

Tags: Forensic Exam, Search


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