Recent Posts

U.S. Judge Says Plaintiff's Litigation Hold Doesn't Pass Smell Test, Directs It to Pay for Spoliation Probe
Posted on 3 Dec 2012 by 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... Read More

Exporting Data to a Cloud Could Mean Importing Trouble
Posted on 1 Dec 2013 by LexisNexis Litigation Solutions

The concept of exporting might conjure up images of large shipping crates hoisted aboard ships or wheeled through the cargo bay doors of humongous transoceanic aircraft. What likely doesn’t come to mind is that invisible place where you back up... Read More

Remedies For Spoliation Of Evidence
Posted on 6 Apr 2012 by William A. Ruskin

New York state courts are increasingly turning to federal Zubulake standards [ enhanced version available to subscribers ] when confronted with spoliation of electronic evidence issues. However, in dealing with garden variety spoliation of evidence... Read More

Troutman Sanders LLP: Do You Have Control? - Document Preservation Obligations
Posted on 13 Aug 2012 by Troutman Sanders

We all know that litigants or potential litigants have an obligation to preserve potentially relevant and discoverable evidence, under certain circumstances, when litigation is reasonably forseeable. But what are your obligations when a third-party controls... Read More

Williams Mullen Client Alert: Limiting eDiscovery In Advance In Material Contracts
Posted on 16 Jul 2012 by Williams Mullen

By JAY BRUDZ and LAURENCE V. PARKER, JR. The Federal Rules of Civil Procedure were amended in 2006 to acknowledge the increasing significance of electronically stored information in litigation. These amendments and similar amendments to state rules have... Read More

Fulbright & Jaworski On Landmark Federal Circuit Rulings On Spoliation, Sanctions
Posted on 25 May 2011 by Norton Rose Fulbright

Micron Tech., Inc. v. Rambus Inc. , 2011 U.S. App. LEXIS 9730 (Fed. Cir. May 13, 2011) [ enhanced version available to subscribers / unenhanced version available from lexisONE Free Case Law ] and Hynix Semiconductor Inc. v. Rambus Inc ., 2011... Read More

Sutherland Alert: Shredding Before Suing Can Lead To Spoliation Sanctions
Posted on 7 Jun 2011 by Sutherland Asbill & Brennan LLP

by Ann Fort and Jason Chang Patent owners are now on notice: The Federal Circuit has confirmed that shredding relevant documents after identifying litigation targets can lead to spoliation sanctions, even if the destruction occurred before litigation... Read More

William A. Ruskin: Breach Of Warranty & Product Liability Claims Dismissed Against Auto Service Provider
Posted on 23 Apr 2012 by William A. Ruskin

By William A. Ruskin In 2008, the parents of Sean Reeps, brought suit against BMW , Martin Motor Sales and Hassel Motors ("Hassel"), alleging that Sean's mother, Debra, was exposed to gasoline fumes in the family's BMW during her... Read More

Federal Circuit Reverses Ruling That Spoliation Made Patents Unenforceable
Posted on 15 May 2011 by Shane Dilworth

WASHINGTON, D.C. - (Mealey's) A ruling that Rambus Inc.'s patents in suit for various aspects of its dynamic random access memory (DRAM) chips were unenforceable as a result of the company's spoliation of evidence was reversed May 13 when... Read More

William A. Ruskin: Plaintiff Spoliates Self And Her Case Is Dismissed
Posted on 17 Aug 2012 by William A. Ruskin

By William A. Ruskin On August 7, 2012, the New York Law Journal reported that the lawsuit of a woman, who disobeyed three court orders directing her to undergo a physical examination by a defense medical expert in a personal injury lawsuit before... Read More