E-Discovery Examiner: News, Views and Analysis from the E-Discovery Experts
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  • Blog Post: 2nd Circuit: Failure to Issue Hold Notice by Itself Not Enough for Discovery Sanctions

    LexisNexis Litigation Resource Community Staff 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 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 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
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