All tags
litigation hold
2nd Circuit
B.R. Chase LLC
Chin v. Port Authority of New York and New Jersey
Contra Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Am. Secs.
copyright
E-Discovery
E-Discovery Brief
forensic discovery
gross negligence per se
LexisNexis
Litigation
Scentsy Inc.
Scentsy v. B.R. Chase
Shira Scheindlin
spoliation
trade dress infringement
Zubulake
Zubulake v. UBS Warburg
Blog Post:
2nd Circuit: Failure to Issue Hold Notice by Itself Not Enough for Discovery Sanctions
LexisNexis Litigation Resource Community Staff
The U.S. Second Circuit Court of Appeals has rejected the notion that a failure to institute a litigation hold constitutes the kind of per se gross negligence that warrants sanctions for evidence spoliation. By doing this, the court was clear in disagreeing with an often-cited 2010 decision by...
on
3 Aug 2012
Blog Post:
U.S. Judge Says Plaintiff's Litigation Hold Doesn't Pass Smell Test, Directs It to Pay for Spoliation Probe
LexisNexis Litigation Resource Community Staff
Will your litigation hold meet a judge's expectations? And if not, what are the potential consequences? Are you looking at sanctions or millions of dollars' worth of forensic discovery? To get a glimpse of at least one federal court's view on this, we look to the Oct. 2, 2012, decision in...
on
3 Dec 2012
Blog Post:
Auto-deletion of Text Messages on Company and Personal Cell Phones among Reasons for $900K in Sanctions
LexisNexis Textmap Partner Admin
As commentators lodge their support or dismay over proposed changes in federal e-discovery rules, cautionary tales continue to be written. When it comes to inadvertent disclosure, practitioners have lessons to learn from $900,000 in sanctions levied against two defendants whose failed data-preservation...
on
1 Oct 2014